[Federal Register Volume 64, Number 116 (Thursday, June 17, 1999)]
[Rules and Regulations]
[Pages 32415-32418]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-15159]



[[Page 32415]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MD-3039a; FRL-6357-5]


Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; Control of VOC Emissions From Decorative Surfaces, Brake Shoe 
Coatings, Structural Steel Coatings, and Digital Imaging

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action on revisions to the Maryland 
State Implementation Plan (SIP). These revisions establish reasonable 
available control technology (RACT) to limit volatile organic compound 
(VOC) emissions from solid resin decorative surfaces, brake shoe 
coatings, structural steel coatings, and digital imaging. EPA is fully 
approving these revisions in accordance with the requirements of the 
Clean Air Act.

DATES: This rule is effective on August 16, 1999 without further 
notice, unless EPA receives adverse written comment by July 19, 1999. 
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, 
Ozone and Mobile Sources 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: Carolyn M. Donahue, (215) 814-2095, or 
by e-mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On February 10, 1999 and February 12, 1999, the State of Maryland 
submitted formal revisions to its State Implementation Plan (SIP). 
These SIP revisions, submitted by the Maryland Department of the 
Environment (MDE), consist of the control of volatile organic compound 
(VOC) emissions from solid resin decorative surface manufacturing, 
brake shoe coating operations, structural steel coating operations, and 
digital imaging.

II. Summary of SIP Revision

COMAR 26.11.19.07-1: Control of VOC Emissions From Solid Resin 
Decorative Surface Manufacturing

    This new regulation establishes RACT standards to control VOC 
emissions from solid resin decorative surface (SRDS) operations. These 
operations do not fall under the requirements for other paper coatings 
at COMAR 26.11.19.07.
General Provisions
    This section establishes definitions for the terms ``particle plant 
operation,'' ``related operations,'' ``shaped goods plant,'' and 
``solid resin decorative surface operation.'' This new regulation 
applies to a person who owns or operates a solid resin decorative 
surface operation that is a major VOC source.
Requirements for SRDS Operations
    This section establishes that SRDS facility owners or operators 
must control VOC emissions by venting the curing oven exhaust at each 
SRDS operation through a VOC control system, which consists of a 
condenser and carbon adsorber unit, or through another control system 
that is maintained and operated to reduce VOC emissions from the curing 
oven exhaust by 75% or more.
    SRDS facility owners or operators, as well as owners and operators 
of shaped goods plants and related operations, must take all reasonable 
precautions to minimize VOC emissions from SRDS mixing vessels and 
storage tanks, including the use of covers on mixers except when adding 
or emptying materials, operator training in procedures to minimize 
spills and evaporative losses during the mixing and transferring of VOC 
containing materials, implementing programs to minimize the quantity of 
VOC-based materials used to clean lines or equipment, storing VOC-
contaminated cloth or paper in closed containers, and implementing an 
effective leak inspection and maintenance program that includes monthly 
inspections of equipment for leaks.
Requirements for Particle Plant Operations
    Particle plant owners or operators must vent the curing oven 
exhaust at each particle plant operation into a VOC control system 
consisting of a carbon adsorber unit, or other control system that is 
maintained and operated to reduce VOC emissions from the curing oven 
exhaust by 75% or more. Also, the requirements to control VOC emissions 
from mixing vessels and storage tanks at SRDS operations apply to 
particle plant operations.
Requirements for VOC Storage Tanks, Reporting and Recordkeeping 
Requirements
    Raw material storage tanks containing VOC materials shall be 
equipped with vapor balance lines or conservation vents to minimize 
working and breathing losses. The reporting and recordkeeping 
requirements for affected sources are established in the source's 
permit to operate.
    Evaluation: This revision, which regulates VOC emissions from solid 
resin decorative surface manufacturing, will result in significant 
enforceable VOC emission reductions and is acceptable to EPA.

COMAR 26.11.19.13-2: Control of VOC Emissions From Brake Shoe Coating 
Operations

    This new regulation establishes standards for brake shoe coating 
operations based on VOC content in the coatings. This revision also 
amends COMAR 26.11.19.13B to exempt brake shoe coating operations and 
structural steel coating operations from Maryland's miscellaneous metal 
coating rule.
General Provisions
    This regulation establishes definitions for the terms ``brake 
caliper rust preventive coating (brake caliper coating),'' and ``brake 
shoe coating operation,'' and provides that this rule applies to owners 
or operators of brake shoe coating operations at a premises that has 
actual total VOC emissions of 20 or more pounds per day (lbs/day) from 
all brake shoe coating operations.
Coating Requirements and Equipment Cleanup
    An owner or operator of a brake shoe coating operation may not emit 
VOCs unless the VOC content of the coating is less than 6.3 pounds of 
VOC per gallon (lbs/gal) of coating applied (0.76 kilograms per liter 
[kg/l]) for brake shoe coating, and 4.8 lbs/gal (0.58 kg/l) for brake 
caliper coating. The coatings may be applied by dipping, by spraying 
with high volume low pressure or electrostatic spray systems, or by 
other comparable high transfer efficiency methods.
    Persons who own or operate a brake shoe coating operation must 
store all

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waste materials containing VOC in closed containers, and must maintain 
lids or covers on all containers or vessels containing VOC when not in 
use.
    Evaluation: This SIP revision, controlling VOC emissions from brake 
shoe coating operations, will result in significant enforceable VOC 
emission reductions. EPA has determined that COMAR 26.11.19.13-1, as 
well as the administrative revisions to COMAR 26.11.19.13, is 
approvable as a SIP revision.

COMAR 26.11.19.13-3: Control of VOC Emissions From Structural Steel 
Coating Operations

    This regulation establishes RACT standards for the control of VOC 
emissions from structural steel coating operations. Structural steel 
coating operations apply a protective coating to manufactured 
components such as welded steel joists, steel beams and columns that 
are used to assemble buildings and other structures.
General Provisions
    This regulation establishes definitions for the terms ``controlled 
air spray system,'' ``dip coating operation,'' ``protective coating,'' 
and ``structural steel coating operation.'' Owners or operators of a 
structural steel coating operation that has a potential to emit VOCs of 
25 or more tons per year or actual VOC emissions of 20 or more lbs/day 
are subject to this regulation.
Requirements for Structural Steel Coating Operations
    The VOC content in protective coatings is limited to 3.9 lbs/gal 
for dip coating operations, and 3.5 lbs/gal for any means other than 
dip coating, which includes controlled air spray systems or other 
systems approved by MDE. However, a higher VOC content coating may be 
used if the VOC content does not exceed the standard by more than 20%, 
and if it is used only between November 1 of one year and March 31 of 
the next year.
    The owner or operator of a structural steel coating operation also 
must minimize VOC emissions by using detergents, high pressure water, 
or low VOC cleaning materials to clean lines or equipment; using 
enclosed containers or VOC recycling equipment to clean spray gun 
equipment; storing all waste containing VOC in closed containers; and 
maintaining lids on any VOC-bearing materials when not in use.
    Evaluation: This SIP revision, which regulates VOC emissions from 
structural steel coating operations, will result in VOC emission 
reductions from coatings of girders and building components that are 
not covered under Maryland's miscellaneous metal coatings rule. EPA has 
determined that COMAR 26.11.19.13-2 is approvable as a SIP revision.

COMAR 26.11.19.18: Screen Printing and Digital Imaging

    This rule amends the previous regulation .18 by adding RACT 
standards for digital imaging. The same RACT limits for VOC content are 
retained from the previous COMAR 26.11.19.18, Control of VOC Emissions 
from Screen Printing. COMAR 26.11.19.18 is revised to delete the old 
interim dates for VOC content in screen printing operations.
General Provisions
    The definition for the term ``digital imaging'' is added to this 
rule. This regulation applies to the same screen printing facilities 
listed in the previous screen printing rule (62 FR 53544, October 15, 
1997), as well as to any person who performs digital imaging at a 
premise which causes VOC emissions of 20 or more lbs/day from all 
digital imaging.
    Sections B to I from the previous COMAR 26.11.19.18 have been 
repealed and the new sections B-G are added. This eliminates expired 
interim dates for limiting VOC content for screen printing and adds 
RACT for digital imaging. All of the limits in Maryland's screen 
printing rule are retained in this revision. Digital imaging owners or 
operators subject to this regulation may not cause VOC emissions of 
more than 100 lbs/day from all digital imaging on the premises.
    Evaluation: Controlling VOC emissions from digital imaging will 
result in enforceable emissions reductions. The revision also clarifies 
the screen printing regulation by eliminating passed dates. These 
amendments to COMAR 26.11.19.18 are approvable to EPA.
    EPA is publishing this rule without prior proposal because the 
Agency views this as a noncontroversial amendment and anticipate 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 16, 1999 without further 
notice unless EPA receives adverse comment by July 19, 1999. 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.

II. Final Action

    EPA is approving the SIP revisions submitted by MDE on February 10, 
1999 and February 12, 1999 to control VOC emissions from solid resin 
decorative coatings, brake shoe coating operations, structural steel 
coating operations, and digital imaging.

III. Administrative Requirements

A. Executive Order 12866

    The Office of Management and Budget (OMB) has exempted this 
regulatory action from review under E.O. 12866, entitled ``Regulatory 
Planning and Review.''

B. Executive Order 12875

    Under E.O. 12875, EPA may not issue a regulation that is not 
required by statute and that creates a mandate upon a state, local, or 
tribal government, unless the Federal government provides the funds 
necessary to pay the direct compliance costs incurred by those 
governments. If EPA complies by consulting, E.O. requires EPA to 
provide to the Office of Management and Budget a description of the 
extent of EPA's prior consultation with representatives of affected 
state, local, and tribal governments, the nature of their concerns, 
copies of written communications from the governments, and a statement 
supporting the need to issue the regulation. In addition, E.O. 12875 
requires EPA to develop an effective process permitting elected 
officials and other representatives of state, local, and tribal 
governments ``to provide meaningful and timely input in the development 
of regulatory proposals containing significant unfunded mandates.'' 
Today's rule does not create a mandate on state, local or tribal 
governments. The rule does not impose any enforceable duties on these 
entities. Accordingly, the requirements of section 1(a) of E.O. 12875 
do not apply to this rule.

C. Executive Order 13045

    E.O. 13045, entitled ``Protection of Children from Environmental 
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997), applies 
to any rule that the EPA determines (1) is ``economically 
significant,'' as defined under E.O. 12866, and (2) the environmental 
health or safety risk addressed by the rule has a disproportionate 
effect on children. If the regulatory action meets both criteria,

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the Agency must evaluate the environmental health or safety effects of 
the planned rule on children and explain why the planned regulation is 
preferable to other potentially effective and reasonably feasible 
alternatives considered by the Agency.
    This final rule is not subject to E.O. 13045 because it is not an 
economically significant regulatory action as defined by E.O. 12866, 
and it does not address an environmental health or safety risk that 
would have a disproportionate effect on children.

D. Executive Order 13084

    Under E.O. 13084, EPA may not issue a regulation that is not 
required by statute, that significantly affects or uniquely affects the 
communities of Indian tribal governments, and that imposes substantial 
direct compliance costs on those communities, unless the Federal 
government provides the funds necessary to pay the direct compliance 
costs incurred by the tribal governments. If EPA complies by 
consulting, Executive Order 13084 requires EPA to provide to the Office 
of Management and Budget, in a separately identified section of the 
preamble to the rule, a description of the extent of EPA's prior 
consultation with representatives of affected tribal governments, a 
summary of the nature of their concerns, and a statement supporting the 
need to issue the regulation. In addition, Executive Order 13084 
requires EPA to develop an effective process permitting elected and 
other representatives of Indian tribal governments ``to provide 
meaningful and timely input in the development of regulatory policies 
on matters that significantly or uniquely affect their communities.'' 
Today's rule does not significantly or uniquely affect the communities 
of Indian tribal governments. This action does not involve or impose 
any requirements that affect Indian Tribes. Accordingly, the 
requirements of section 3(b) of E.O. 13084 do not apply to this rule.

E. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency 
to conduct a regulatory flexibility analysis of any rule subject to 
notice and comment rulemaking requirements unless the agency certifies 
that the rule will not have a significant economic impact on a 
substantial number of small entities. Small entities include small 
businesses, small not-for-profit enterprises, and small governmental 
jurisdictions. This final rule will not have a significant impact on a 
substantial number of small entities because SIP approvals under 
section 110 and subchapter I, part D of the Clean Air Act do not create 
any new requirements but simply approve requirements that the State is 
already imposing. Therefore, because the Federal SIP approval does not 
create any new requirements, I certify that this action will not have a 
significant economic impact on a substantial number of small entities. 
Moreover, due to the nature of the Federal-State relationship under the 
Clean Air Act, preparation of a flexibility analysis would constitute 
Federal inquiry into the economic reasonableness of state action. The 
Clean Air Act forbids EPA to base its actions concerning SIPs on such 
grounds. Union Electric Co. v. U.S. EPA, 427 U.S. 246, 255-66 (1976); 
42 U.S.C. 7410(a)(2).

F. Unfunded Mandates

    Under section 202 of the Unfunded Mandates Reform Act of 1995 
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA 
must prepare a budgetary impact statement to accompany any proposed or 
final rule that includes a Federal mandate that may result in estimated 
annual costs to State, local, or tribal governments in the aggregate; 
or to private sector, of $100 million or more. Under section 205, EPA 
must select the most cost-effective and least burdensome alternative 
that achieves the objectives of the rule and is consistent with 
statutory requirements. Section 203 requires EPA to establish a plan 
for informing and advising any small governments that may be 
significantly or uniquely impacted by the rule.
    EPA has determined that the approval action promulgated does not 
include a Federal mandate that may result in estimated annual costs of 
$100 million or more to either State, local, or tribal governments in 
the aggregate, or to the private sector. This Federal action approves 
pre-existing requirements under State or local law, and imposes no new 
requirements. Accordingly, no additional costs to State, local, or 
tribal governments, or to the private sector, result from this action.

G. 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).

H. Petitions for Judicial Review

    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action, pertaining to revisions to the Maryland 
SIP establishing VOC control requirements for solid resin decorative 
surface manufacturing, brake shoe coatings, structural steel coatings, 
and digital imaging, must be filed in the United States Court of 
Appeals for the appropriate circuit by August 16, 1999. 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 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, Hydrocarbons, 
Incorporation by reference, Ozone, Reporting and recordkeeping 
requirements.

    Dated: May 27, 1999.
W. Michael McCabe,
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)(142) to read 
as follows:


Sec. 52.1070  Identification of plan.

* * * * *
    (c) * * *
    (142) Revisions to the Maryland State Implementation Plan submitted 
on February 10, 1999 and February 12, 1999 by the Maryland Department 
of the Environment:
    (i) Incorporation by reference.
    (A) Three letters dated February 10, 1998 and one letter dated 
February 12, 1999 from the Maryland Department of the Environment 
transmitting additions to Maryland's State Implementation Plan, 
pertaining to volatile organic compound (VOC) regulations in

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Maryland's air quality regulations, COMAR 26.11.
    (B) Regulations:
    (1) Addition of new COMAR 26.11.19.07-1: Control of VOC Emissions 
from Solid Resin Decorative Surface Manufacturing, adopted by the 
Secretary of the Environment on May 20, 1998 and effective on June 15, 
1998, including the following:
    (i) addition of new COMAR 26.11.19.07-1.A Definitions, including 
definitions for the terms ``particle plant operation,'' ``related 
operations,'' ``shaped goods plant,'' and ``solid resin decorative 
surface (SRDS) operation.''
    (ii) addition of new COMAR 26.11.19.07-1.B Applicability.
    (iii) addition of new COMAR 26.11.19.07-1.C General Requirements 
for SRDS Operations.
    (iv) addition of new COMAR 26.11.19.07-1.D General Requirements for 
Particle Plant Operations.
    (v) addition of new COMAR 26.11.19.07-1.E General Requirements for 
Shaped Goods Plants.
    (vi) addition of new COMAR 26.11.19.07-1.F General Requirements for 
Related Operations.
    (vii) addition of new COMAR 26.11.19.07-1.G Additional Requirements 
for VOC Storage Tanks.
    (viii) addition of new COMAR 26.11.19.07-1.H Reporting and Record-
Keeping Requirements.
    (2) Addition of new COMAR 26.11.19.13-2: Control of VOC Emissions 
from Brake Shoe Coating Operations, adopted by the Secretary of the 
Environment on August 4, 1998 and effective on August 24, 1998, 
including the following:
    (i) addition of new COMAR 26.11.19.13-2.A Definitions.
    (ii) addition of new COMAR 26.11.19.13-2.B Terms Defined, including 
definitions for the terms ``brake caliper rust preventive coating,'' 
and ``brake shoe coating operation.''
    (iii) addition of new COMAR 26.11.19.13-2.C Applicability.
    (iv) addition of new COMAR 26.11.19.13-2.D General Coating 
Requirements.
    (v) addition of new COMAR 26.11.19.18.E Equipment Cleanup.
    (vi) addition of new COMAR 26.11.19.13.B(3)(e) and (f), exempting 
brake shoe coating and structural steel coating operations from 
Miscellaneous Metal Coatings.
    (3) Addition of new COMAR 26.11.19.13-3: Control of Volatile 
Organic Compounds from Structural Steel Coating Operations, adopted by 
the Secretary of the Environment on June 5, 1998, and effective on June 
29, 1998, including the following:
    (i) addition of new COMAR 26.11.19.13-3.A Definitions, including 
definitions for the terms ``controlled air spray system,'' ``dip 
coating operation,'' ``protective coating,'' and ``structural steel 
coating operation.''
    (ii) addition of new COMAR 26.11.19.13-3.B Applicability.
    (iii) addition of new COMAR 26.11.19.13-3.C Coating Requirements.
    (iv) addition of new COMAR 26.11.19.13-3.D Cleanup Requirements.
    (4) Revision to COMAR 26.11.19.18: Control of VOC Emissions from 
Screen Printing and Digital Imaging, adopted by the Secretary of the 
Environment on August 4, 1998, and effective on August 24, 1998, 
including the following:
    (i) addition of new COMAR 26.11.19.18.A(5-1), definition for the 
term ``digital imaging.''
    (ii) deletion of existing COMAR 26.11.19.18.B-I.
    (iii) addition of new COMAR 26.11.18.21.B Applicability.
    (iv) addition of new COMAR 26.11.18.21.C General Requirements for 
Screen Printing.
    (v) addition of new COMAR 26.11.18.21.D General Requirements for 
Plywood Sign Coating.
    (vi) addition of new COMAR 26.11.18.21.E General Requirements for 
Plastic Card Manufacturing.
    (vii) addition of new COMAR 26.11.19.18.F General Requirements for 
Digital Imaging.
    (viii) addition of new COMAR 26.11.19.18.G Record Keeping.
    (ii) Additional Material.
    (A) Remainder of February 10, 1999 and February 12, 1999 Maryland 
State submittals pertaining to COMAR 26.11.19.07-1, .13-2, .13-3, and 
.18.

[FR Doc. 99-15159 Filed 6-16-99; 8:45 am]
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