[Federal Register Volume 65, Number 10 (Friday, January 14, 2000)]
[Rules and Regulations]
[Pages 2334-2336]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-616]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MD090-3041; FRL-6506-9]


Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; Control of VOCs From Paper, Fabric, Vinyl, and Other Plastic 
Parts Coating

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve revisions to the 
Maryland State Implementation Plan (SIP). The revisions consist of 
amendments to Maryland's regulation to control volatile organic 
compounds (VOC) from Paper, Fabric, Vinyl, and Other Plastic Parts 
Coatings. The regulation was revised to include Reasonable Available 
Control Technology (RACT) standards for sources that use flexographic 
printing presses to print on plastic (non-vinyl) and to limit the VOC 
content for the decorative coating of plastic bottles. 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 February 28, 2000 without further 
notice, unless EPA receives adverse written comment by February 14, 
2000. 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: Janice M. Lewis, (215) 814-2185, or by 
e-mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. Summary of the SIP Revisions

    On March 11, 1999, the Maryland Department of the Environment (MDE) 
submitted amendments to COMAR 26.11.19.07 Paper, Fabric, Vinyl, and 
Other Plastic Parts Coatings to EPA for approval as SIP revisions. This 
regulation controls VOC emissions from paper, fabric, vinyl, and other 
plastic parts coatings operations in Maryland. The first amendment 
establishes RACT standards for sources that use flexographic printing 
presses to print plastic (non-vinyl) substrates. This amendment was 
adopted by Maryland on August 6, 1997, and became effective on 
September 8, 1997. The second amendment limits the VOC content for the 
decorative coating of plastic bottles. This amendment was adopted by 
Maryland on August 4, 1998, and became effective on August 24, 1998. At 
the time of this second amendment Maryland also revised the format of 
COMAR 26.11.19.07 Paper, Fabric, Vinyl, and Other Plastic Parts 
Coatings to present the subject installations, the applicability 
thresholds, and the VOC emission standards in a table.

II. EPA's Evaluation of the SIP Revisions

    The EPA has determined that these amendments to COMAR 26.11.19.07: 
Paper, Fabric, Vinyl, and Other Plastic Parts Coating meet all federal 
criteria for approval.

III. Final Action

    EPA is approving the amendments to COMAR 26.11.19.07 submitted by 
the MDE on March 11, 1999, as revisions to the Maryland SIP.
    EPA is publishing this rule without prior proposal because the 
Agency views these as noncontroversial amendments 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 February 28, 2000 without further 
notice unless EPA receives adverse comment by February 14, 2000. 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. Executive Order 12866

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

B. Executive Order 13132

    Federalism (64 FR 43255, August 10, 1999) revokes and replaces 
Executive Orders 12612 (Federalism) and 12875 (Enhancing the 
Intergovernmental Partnership). Executive Order 13132 requires EPA to 
develop an accountable process to ensure ``meaningful and timely input 
by State and local officials in the development of regulatory policies 
that have federalism implications.'' ``Policies that have federalism 
implications'' is defined in the Executive Order to include regulations 
that 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.'' Under Executive Order 13132, EPA may not issue a 
regulation that has federalism implications, that imposes substantial 
direct compliance costs, and that is not required by statute, unless 
the Federal government provides the funds necessary to pay the direct 
compliance costs incurred by State and local governments, or EPA 
consults with State and local officials early in the process of 
developing the proposed regulation. EPA also may not issue a regulation 
that has federalism implications and that preempts State law unless the 
Agency consults with State and local officials early in the process of 
developing the proposed regulation. This final rule will 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), 
because it merely

[[Page 2335]]

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.'' Thus, the 
requirements of section 6 of the Executive Order do not apply to this 
rule.

C. Executive Order 13045

    Executive Order 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 Executive Order 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, 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 Executive Order 13045 because it does not 
involve decisions intended to mitigate environmental health and safety 
risks.

D. Executive Order 13084

    Under Executive Order 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 the mandate is 
unfunded, EPA must 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 Executive Order 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. National Technology Transfer and Advancement Act

    Section 12 of the National Technology Transfer and Advancement Act 
(NTTAA) of 1995 requires Federal agencies to evaluate existing 
technical standards when developing a new regulation. To comply with 
NTTAA, EPA must consider and use ``voluntary consensus standards'' 
(VCS) if available and applicable when developing programs and policies 
unless doing so would be inconsistent with applicable law or otherwise 
impractical. The EPA believes that VCS are inapplicable to this action. 
Today's action does not require the public to perform activities 
conducive to the use of VCS.

I. 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 14, 2000. 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 revisions to Maryland's 
regulation to control VOC from Paper, Fabric, Vinyl, and Other Plastic 
Parts Coating may not be challenged later in proceedings to enforce its 
requirements. (See section 307(b)(2).)

[[Page 2336]]

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Hydrocarbons, 
Incorporation by reference.
Thomas C. Voltaggio,
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 paragraphs (c)(147) to read 
as follows:


Sec. 52.1070  Identification of plan.

* * * * *
    (c) * * *
    (147) Revisions to the Maryland State Implementation Plan submitted 
on March 11, 1999, by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of March 11, 1999, from the Maryland Department of the 
Environment transmitting revisions to Maryland's State Implementation 
Plan, pertaining to Code of Maryland Administrative Regulations (COMAR) 
26.11.19. Volatile Organic Compounds from Specific Processes at 
26.11.19.07 Paper, Fabric, Vinyl, and Other Plastic Parts Coating.
    (B) Revision to COMAR 26.11.19.07: Paper, Fabric, Vinyl, and Other 
Plastic Parts Coating to add at COMAR 26.11.19.07 F. ``Emission 
Standards for Printing on Plastic Other than Vinyl.'' This revision was 
adopted on August 6, 1997, and effective on September 8, 1997.
    (C) Revisions to COMAR 26.11.19.07: Paper, Fabric, Vinyl, and Other 
Plastic Parts Coating, adopted August 4, 1998, and effective on August 
24, 1998, including the following:
    (1) Revision to COMAR 26.11.19.07 B. ``Applicability'' at B (1) to 
delete previous text describing subject coating and printing operations 
and to add new text stating that the regulation applies to any coating 
or printing operation that it listed in and has VOC emissions equal to 
or greater than the applicability levels in subsection C. (2) and (3) 
of this regulation.
    (2) Revision to COMAR 26.11.19.07 C. to change the title from 
``Emission Standards for Web, Paper, Fabric, and Vinyl Coating'' to 
``Emission Standards for Coating or Printing Installations.''
    (3) Revision to COMAR 26.11.19.07 C. (1) to delete text which 
specified installations by substrates and listed the associated 
emission standards, and to add text to refer to the installations and 
emission standards found in subsections C. (2) and (3) of this 
regulation.
    (4) Revision to COMAR 26.11.19.07 to add subsection C. (2) and (3) 
to list in tabular format subject installations, applicability 
thresholds, and VOC emission standards.
    (5) Revision to COMAR 26.11.19.07 to delete subsections E. D. and 
F. as their requirements are found in the new simplified table at COMAR 
26.11.19.07 C (2) and (3).
    (ii) Additional Material--Remainder of March 11, 1999 submittal 
pertaining to COMAR 26.11.19.07 Paper, Fabric, Vinyl, and Other Plastic 
Parts Coating.

[FR Doc. 00-616 Filed 1-13-00; 8:45 am]
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