[Federal Register Volume 66, Number 172 (Wednesday, September 5, 2001)]
[Rules and Regulations]
[Pages 46379-46381]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-22267]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MD078-3078a; FRL-7049-3]


Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; Control of VOC Emissions From Marine Vessels Coating 
Operations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve a revision to the 
Maryland State Implementation Plan (SIP). This revision establishes 
reasonable available control technology (RACT) to reduce volatile 
organic compound (VOC) emissions from marine vessel coating operations. 
The intent of this action is to approve Maryland's RACT regulation to 
control VOC emissions from marine vessel coating operations. EPA is 
fully approving these revisions in accordance with the requirements of 
the Clean Air Act (CAA).

DATES: This rule is effective on October 22, 2001 without further 
notice, unless EPA receives adverse written comment by October 5, 2001. 
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 Makeba Morris, Permits 
and Technical Assessment Branch, Mailcode 3AP11, 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: Makeba Morris at (215) 814-2187, or by 
e-mail at [email protected]. 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 August 20, 2001, the State of Maryland submitted a formal 
revision to its State Implementation Plan (SIP). This SIP revision, 
submitted by the Maryland Department of the Environment (MDE), consists 
of the Code of Maryland Regulations (COMAR) 26.11.19.27, Control of 
Volatile Organic Compound (VOC) Emissions From Marine Vessel Coating 
Operations.

II. Summary of the SIP Revision

    A. Applicability--COMAR 26.11.19.27 applies to sources, where 
marine vessel coating operations are performed, with facility-wide 
potential VOC emissions of 25 tons per year or more or actual emissions 
of 20 pounds per day.
    B. Definitions--COMAR 26.11.19.27 defines the following terms: Air 
flask coating, Antenna coating, Antifoulant coating, Chemical agent 
resistant coating, Heat resistant coating, High gloss coating, High-
temperature coating, Inorganic zinc (high build) coating, Marine vessel 
coating operation, Mist/tack coating, Navigational aids coating, 
Nonskid coating, Nuclear coating, Organic zinc coating, Pretreatment 
wash primer coating, Rubber camouflage coating, Sealant coating, Ship, 
Special marking coating, Speciality interior coating, Thermoplastic 
coating, Undersea weapons systems coating, Weld-through (shop) 
preconstruction primer.
    C. Coating Requirements--COMAR 26.11.19.27 establishes limits for 
the following marine vessel coatings:

------------------------------------------------------------------------
                                                         Maximum VOC
                                                    Content, Pounds  per
                      Coating                        gallon,  as applied
                                                      (Grams per liter)
------------------------------------------------------------------------
Air Flask.........................................            2.83 (340)
Antenna...........................................            4.42 (530)
Antifoulant.......................................            3.42 (400)
CARC..............................................            2.83 (340)
Heat Resistant....................................            3.50 (420)
High Gloss........................................            3.50 (420)
High Temperature..................................            4.17 (500)
Inorganic zinc high build primer..................            2.83 (340)

[[Page 46380]]

 
Mist/Tack.........................................            5.08 (610)
Navigational aids.................................            4.58 (550)
Nonskid...........................................            2.83 (340)
Nuclear...........................................            3.50 (420)
Organic zinc......................................            3.00 (360)
Pre-treatment wash primer.........................            6.50 (780)
Rubber camouflage.................................            2.83 (340)
Sealant coat for thermal spray aluminum...........            5.08 (610)
Special marking...................................            4.08 (490)
Specialty interior................................            2.83 (340)
Thermoplastic coating.............................            4.58 (550)
Undersea weapons systems..........................            2.83 (340)
Weld-through (shop) primer........................            5.42 (650)
------------------------------------------------------------------------

    In addition to the limit on the VOC content of the coatings listed 
above, the following requirements apply:
    (1) A coating which satisfies the definition of more than one 
category of coating is subject to the maximum VOC content which applies 
to the applicable coating category,
    (2) Any other coatings not specifically listed in the regulation 
may not exceed a VOC content of 2.83 pounds per gallon (340 grams per 
liter), as applied, and
    (3) The limits established by the new regulation may be exceeded by 
20 percent, but only during the time period between November 1 of a 
given year through March 31 of the following year.
    D. Clean-Up Requirements--This regulation also requires reasonable 
precautions to minimize the release of VOCs into the atmosphere. These 
work-practice requirements include:
    (1) Storing all waste materials containing VOC, including cloth and 
paper, in closed containers, (2) Maintaining lids on any VOC-bearing 
materials when not in use, and
    (3) Using enclosed containers or VOC recycling equipment to clean 
spray gun equipment.
    E. Compliance--Compliance must be demonstrated in accordance with 
COMAR 26.11.19.02.
    F. Record keeping--Records of total volume and VOC content of each 
coating, coating solvent, and cleanup solvent used that contains VOCs 
must be maintained on a monthly basis and retained for at least three 
years.

III. EPA's Evaluation

    This SIP revision imposing RACT to control VOC emissions from 
marine vessel coating operations is consistent with federal guidelines 
and will result in significant VOC emission reductions. EPA has 
determined that COMAR 26.11.19.27 is approvable as a SIP revision.
    Final Action: EPA is approving the addition of COMAR 26.11.19.27, 
Control of Volatile Organic Compound (VOC) Emissions from Marine Vessel 
Coating Operations as a revision to the Maryland SIP as submitted by 
MDE on August 20, 2001. 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 October 22, 
2001 without further notice unless EPA receives adverse comment by 
October 5, 2001. 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.'' See 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 (Pub. L. 104-4). This rule also 
does 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), nor will it 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 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 (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

[[Page 46381]]

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. As required 
by section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996), 
in issuing this rule, EPA has taken the necessary steps to eliminate 
drafting errors and ambiguity, minimize potential litigation, and 
provide a clear legal standard for affected conduct. EPA has complied 
with Executive Order 12630 (53 FR 8859, March 15, 1988) by examining 
the takings implications of the rule in accordance with the ``Attorney 
General's Supplemental Guidelines for the Evaluation of Risk and 
Avoidance of Unanticipated Takings'' issued under the executive order. 
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 November 5, 2001. 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, approving Maryland's regulation imposing 
RACT to control VOC emissions from marine vessel coating operations, 
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, Ozone, Reporting and 
recordkeeping requirements.

    Dated: August 28, 2001.
Thomas C. Voltaggio,
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)(166) to read 
as follows:


Sec. 52.1070  Identification of plan.

* * * * *
    (c) * * *
    (166) Revisions to the Maryland State Implementation Plan submitted 
on August 20, 2001 by the Maryland Department of the Environment 
consisting of Reasonably Available Control Technology (RACT) 
requirements to reduce volatile organic compound (VOC) emissions from 
marine vessel coating operations.
    (i) Incorporation by reference.
    (A) A letter dated August 20, 2001 from the Maryland Department of 
the Environment transmitting an addition to Maryland's State 
Implementation Plan, pertaining to volatile organic compound (VOC) 
regulations in Maryland's air quality regulations, COMAR 26.11.19.27.
    (B) Addition of new COMAR 26.11.19.27--Control of Volatile Organic 
Compounds from Marine Vessel Coating Operations, effective on October 
20, 1997.
    (ii) Additional Materials--Remainder of the August 20, 2001 
submittal pertaining to COMAR 26.11.19.27--Control of VOC Emissions 
from Marine Vessel Coating Operations.

[FR Doc. 01-22267 Filed 9-4-01; 8:45 am]
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