[Federal Register Volume 68, Number 22 (Monday, February 3, 2003)]
[Rules and Regulations]
[Pages 5228-5229]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-2434]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MD129/130-3089a; FRL-7437-7]


Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; Amendments to Volatile Organic Compound Requirements From 
Specific Processes

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 two 
(2) amendments to Maryland's air pollution control regulations 
governing specific processes on volatile organic compound (VOC) 
requirements. The revisions pertain to alternative method of compliance 
and good operating practices. EPA is fully approving these revisions in 
accordance with the requirements of the Clean Air Act.

DATES: This rule is effective on April 4, 2003 without further notice, 
unless EPA receives adverse written comments by March 5, 2003. 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 Walter K. Wilkie, 
Acting Chief, Air Quality Planning and Information Services 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, 1301 
Constitution Avenue, NW., Washington, DC 20460; and Maryland Department 
of the Environment, 1800 Washington Blvd., Suite 730, Baltimore, 
Maryland 21230.

FOR FURTHER INFORMATION CONTACT: Betty Harris at (215) 814-2168, 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 November 20, 2001 and December 6, 2001, the State of Maryland 
submitted a formal revision to its State Implementation Plan (SIP). The 
SIP revision submitted by the Maryland Department of the Environment 
(MDE) consists of amended volatile organic compound (VOC) requirements 
to specific processes in the Code of Maryland Administrative 
Regulations (COMAR 26.11.19).

II. Summary of SIP Revision

    A. On November 20, 2001, MDE submitted an amendment to COMAR 
26.11.19.02B(2)(d). This amendment provides an alternative method for a 
source to achieve compliance with VOC requirements. The amendment 
allows sources that are subject to VOC limits in coatings or inks or 
other similar products, to reduce emissions by using water-based 
coatings, resins, inks, or similar products that contain less than 
twenty-five percent VOC by volume of the volatile portion of the 
product. This amendment was published in the MDE Register on January 
30, 1998, and a public hearing was held on March 4, 1998. The amendment 
was adopted on April 9, 1998, and became effective on May 4, 1998.
    B. On December 6, 2001, MDE submitted COMAR 26.11.19.02I. MDE 
expanded this rule to include good operating practices, equipment 
cleanup procedures and VOC storage tank vapor control requirements to 
reduce VOC emissions from any source presently subject to any VOC 
emission standard, limitation or requirement. The expanded rule was 
published in MDE Register on September 21, 2001, and a public hearing 
was held on October 23, 2001. The rule was adopted on November 6, 2001 
and became effective on December 10, 2001.

III. Final Action

    EPA is approving SIP revisions submitted by MDE on November 20, 
2001 and December 6, 2001, respectively, the amendments to the VOC 
requirements [COMAR 26.11.19.02B(2)(d), COMAR 26.11.19.02I] concerning 
an alternative method of compliance for specific VOC processes; good 
operating practices, equipment cleanup, and VOC storage. 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 April 4, 2003 without further notice 
unless EPA receives adverse comment by March 5, 2003. 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. Please note that if EPA receives adverse comment on an amendment, 
paragraph, or section of this rule and if that provision may be severed 
from the remainder of the rule, EPA may adopt as final those provisions 
of the rule that are not the subject of an adverse comment.

IV. Regulatory Assessment

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

[[Page 5229]]

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 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 April 4, 2003. 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 pertains to Maryland's amendments to volatile organic 
compound requirements from specific processes and 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, Reporting and recordkeeping 
requirements, Volatile organic compounds.

    Dated: December 31, 2002.
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)(174) and 
(c)(175) to read as follows:


Sec.  52.1070  Identification of plan.

* * * * *
    (c) * * *
    (174) Revisions to the Maryland State Implementation Plan submitted 
on November 20, 2001, by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter dated November 20, 2001 from the Maryland Department of 
the Environment transmitting a revision to Maryland State 
Implementation Plan concerning an alternative method for a source to 
achieve compliance with volatile organic compound (VOC) requirements 
for specific processes.
    (B) Revisions to Code of Maryland Administrative Regulation (COMAR) 
26.11.19.02B (Applicability, Determining Compliance, Reporting and 
General Requirements--Method of Compliance), effective May 4, 1998, 
which revises paragraph .02B(2)(c), adds a new paragraph .02B(2)(d), 
and renumbers former paragraph .02B(2)(d) as .02B(2)(e).
    (ii) Additional Material.--Remainder of the State submittal 
pertaining to the revision listed in paragraph (c)(174)(i) of this 
section.
    (175) Revisions to the Maryland State Implementation Plan submitted 
on December 6, 2001, by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter dated December 6, 2001 from the Maryland Department of 
the Environment transmitting additions to Maryland's State 
Implementation Plan, concerning good operating practices, equipment 
cleanup procedures, and volatile organic compound (VOC) storage tank 
vapor control requirements for specific processes.
    (B) Addition of Code of Maryland Administrative Regulation (COMAR) 
26.11.19.02I--(Applicability, Determining Compliance, Reporting and 
General Requirements--Good Operating Practices, Cleanup, and VOC 
Storage), effective December 10, 2001.
    (ii) Additional Material.--Remainder of the State submittal 
pertaining to the revision listed in paragraph (c)(175)(i) of this 
section.
[FR Doc. 03-2434 Filed 1-31-03; 8:45 am]
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