[Federal Register Volume 68, Number 236 (Tuesday, December 9, 2003)]
[Rules and Regulations]
[Pages 68523-68526]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-30509]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MD152-3105a; FRL-7596-4]


Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; Control of Emissions of Volatile Organic Compounds From 
Consumer Products

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 pertain to the 
control of volatile organic compound (VOC) emissions from consumer 
products. 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 January 23, 2004 without further 
notice, unless EPA receives adverse written comment by January 8, 2004. 
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: Comments may be submitted either by mail or electronically. 
Written comments should be mailed to Makeba Morris, Chief, Air Quality 
Planning, Mailcode 3AP21, U.S. Environmental Protection Agency, Region 
III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Electronic 
comments should be sent either to [email protected] or to http://www.regulations.gov, which is an alternative method for submitting 
electronic comments to EPA. To submit comments, please follow the 
detailed instructions described in Part III of the Supplementary 
Information section. 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., Room B108, Washington, DC 20460; 
and Maryland Department of

[[Page 68524]]

the Environment, 1800 Washington Boulevard, Suite 705, Baltimore, 
Maryland 21230.

FOR FURTHER INFORMATION CONTACT: Rose Quinto, (215) 814-2182, or by e-
mail at [email protected].

SUPPLEMENTARY INFORMATION: On November 19, 2003, the Maryland 
Department of the Environment (MDE) submitted a formal revision to its 
State Implementation Plan (SIP). The SIP revision (Maryland SIP 
revision  03-07) consists of the standards and requirements to 
control VOC emissions from consumer products.

I. Background

    In December 1999, EPA identified emission reduction shortfalls in 
several one-hour ozone nonattainment areas in the Ozone Transport 
Region (OTR) and required those areas to address the shortfalls. The 
Ozone Transport Commission (OTC) developed control measures into model 
rules for a number of source categories and estimated emission 
reduction benefits from implementing those model rules that will close 
the shortfalls. The OTC Commissioners formally supported these model 
rules, including a consumer products rule. The OTC Consumer Products 
model rule was based on the existing rules developed by the California 
Air Resources Board, which were analyzed and modified by the OTC 
workgroup to address VOC reduction needs in the OTR. The standards and 
requirements contained in Maryland's Consumer Products rule are 
consistent with the OTC model rule.

II. Summary of SIP Revision

    On July 25, 2003, the Secretary of the Environment adopted new 
regulation COMAR 26.11.32, Control of Emissions of VOC from Consumer 
Products that includes COMAR 26.11.32.01 through COMAR 26.11.32.23. 
This regulation establishes VOC content limits for approximately 80 
categories and subcategories of consumer products. Consumer products 
are household and industrial products such as cleaning compounds, floor 
finishes, personal care products, automotive products, disinfectants, 
aerosol adhesives, and lawn and garden products.
    The regulation applies to a person who sells, supplies, offers for 
sale, or manufactures consumer products on or after January 1, 2005 for 
use in the State of Maryland. Also included in the regulation are 
definitions, the VOC content limits, standards and exemptions, 
innovative products, administrative requirements, recordkeeping and 
reporting requirements, variances, test methods, and an alternative 
control plan.
    On October 21, 2003, the Secretary of the Environment adopted an 
amendment to COMAR 26.11.32.01 by the addition of COMAR 26.11.32.01F, 
which clarifies the enforcement policy relative to the sale of a non-
complying consumer product by a retailer. The amendment includes good 
faith efforts to be used by a retailer in safeguarding against the sale 
of a non-compliant product, and in the course of business, ensure that 
the products meet applicable state requirements.

III. Final Action

    EPA is approving revisions to the Maryland SIP, COMAR 26.11.32, to 
establish VOC content limits for approximately 80 categories and 
subcategories of consumer products that was submitted on November 19, 
2003 by MDE. The implementation of this rule will result in the 
reduction of VOC emissions in the Baltimore Metropolitan Area.
    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 January 23, 2004 without further 
notice unless EPA receives adverse comment by January 8, 2004. 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.
    You may submit comments either electronically or by mail. To ensure 
proper receipt by EPA, identify the appropriate rulemaking 
identification number, MD152-3105, in the subject line on the first 
page of your comment. Please ensure that your comments are submitted 
within the specified comment period. Comments received after the close 
of the comment period will be marked ``late.'' EPA is not required to 
consider these late comments.
    1. Electronically. If you submit an electronic comment as 
prescribed below, EPA recommends that you include your name, mailing 
address, and an e-mail address or other contact information in the body 
of your comment. Also include this contact information on the outside 
of any disk or CD ROM you submit, and in any cover letter accompanying 
the disk or CD ROM. This ensures that you can be identified as the 
submitter of the comment and allows EPA to contact you in case EPA 
cannot read your comment due to technical difficulties or needs further 
information on the substance of your comment. EPA's policy is that EPA 
will not edit your comment, and any identifying or contact information 
provided in the body of a comment will be included as part of the 
comment that is placed in the official public docket. 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.
    i. E-mail. Comments may be sent by electronic mail (e-mail) to 
[email protected], attention: MD152-3105. EPA's e-mail system is 
not an ``anonymous access'' system. If you send an e-mail comment 
directly without going through Regulations.gov, EPA's e-mail system 
automatically captures your e-mail address. E-mail addresses that are 
automatically captured by EPA's e-mail system are included as part of 
the comment that is placed in the official public docket.
    ii. Regulations.gov. Your use of Regulation.gov is an alternative 
method of submitting electronic comments to EPA. Go directly to http://www.regulations.gov, then select ``Environmental Protection Agency'' at 
the top of the page and use the ``go'' button. The list of current EPA 
actions available for comment will be listed. Please follow the online 
instructions for submitting comments. The system is an ``anonymous 
access'' system, which means EPA will not know your identity, e-mail 
address, or other contact information unless you provide it in the body 
of your comment.
    iii. Disk or CD ROM. You may submit comments on a disk or CD ROM 
that you mail to the mailing address identified in the ADDRESSES 
section of this document. These electronic submissions will be accepted 
in WordPerfect, Word or ASCII file format. Avoid the use of special 
characters and any form of encryption.
    2. By Mail. Written comments should be addressed to the EPA 
Regional office listed in the ADDRESSES section of this document.

[[Page 68525]]

    For public commenters, it is important to note that EPA's policy is 
that public comments, whether submitted electronically or in paper, 
will be made available for public viewing at the EPA Regional Office, 
as EPA receives them and without change, unless the comment contains 
copyrighted material, confidential business information (CBI), or other 
information whose disclosure is restricted by statute. When EPA 
identifies a comment containing copyrighted material, EPA will provide 
a reference to that material in the version of the comment that is 
placed in the official public rulemaking file. The entire printed 
comment, including the copyrighted material, will be available at the 
Regional Office for public inspection.

Submittal of CBI Comments

    Do not submit information that you consider to be CBI 
electronically to EPA. You may claim information that you submit to EPA 
as CBI by marking any part or all of that information as CBI (if you 
submit CBI on disk or CD ROM, mark the outside of the disk or CD ROM as 
CBI and then identify electronically within the disk or CD ROM the 
specific information that is CBI). Information so marked will not be 
disclosed except in accordance with procedures set forth in 40 CFR part 
2.
    In addition to one complete version of the comment that includes 
any information claimed as CBI, a copy of the comment that does not 
contain the information claimed as CBI must be submitted for inclusion 
in the official public regional rulemaking file. If you submit the copy 
that does not contain CBI on disk or CD ROM, mark the outside of the 
disk or CD ROM clearly that it does not contain CBI. Information not 
marked as CBI will be included in the public file and will be available 
for public inspection without prior notice. If you have any questions 
about CBI or the procedures for claiming CBI, please consult the person 
identified in the FOR FURTHER INFORMATION CONTACT section.

Considerations When Preparing Comments to EPA

    You may find the following suggestions helpful for preparing your 
comments:

1. Explain your views as clearly as possible.
2. Describe any assumptions that you used.
3. Provide any technical information and/or data you used that support 
your views.
4. If you estimate potential burden or costs, explain how you arrived 
at your estimate.
5. Provide specific examples to illustrate your concerns.
6. Offer alternatives.
7. Make sure to submit your comments by the comment period deadline 
identified.
8. To ensure proper receipt by EPA, identify the appropriate regional 
file/rulemaking identification number in the subject line on the first 
page of your response. It would also be helpful if you provided the 
name, date, and Federal Register citation related to your comments.

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 (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 February 9, 2004. 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

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shall not postpone the effectiveness of such rule or action. This 
action pertaining to Maryland's Consumer Products Rule, 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, Volatile organic compounds.

    Dated: November 28, 2003.
Donald S. Welsh,
Regional Administrator, Region III.


0
40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart V--Maryland

0
2. Section 52.1070 is amended by adding paragraph (c)(185) to read as 
follows:


Sec.  52.1070  Identification of plan.

* * * * *
    (c) * * *
    (185) Revisions to the Code of Maryland Administrative Regulations 
(COMAR) on the Control of VOC Emissions from Consumer Products 
submitted on November 19, 2003 by the Maryland Department of the 
Environment:
    (i) Incorporation by reference.
    (A) A letter dated November 19, 2003 from the Maryland Department 
of the Environment transmitting additions to Maryland's State 
Implementation Plan pertaining to the control of volatile organic 
compounds (VOC) emissions from consumer products.
    (B) Addition of new COMAR 26.11.32--Control of Emissions of VOC 
from Consumer Products:
    (1) Addition of COMAR 26.11.32.01 through COMAR 26.11.32.23 adopted 
by the Secretary of the Environment on July 25, 2003 and effective on 
August 18, 2003.
    (2) Addition of new COMAR 26.11.32.01F--Retail Sales, adopted by 
the Secretary of the Environment on October 22, 2003 and effective on 
November 24, 2003.
    (ii) Additional Material.--Remainder of the State submittals 
pertaining to the revisions listed in paragraph (c)(185)(i) of this 
section.

[FR Doc. 03-30509 Filed 12-8-03; 8:45 am]
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