[Federal Register Volume 69, Number 101 (Tuesday, May 25, 2004)]
[Proposed Rules]
[Pages 29674-29675]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-11773]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MD166-3111; FRL-7666-4]


Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; Control of VOC Emissions From AIM Coatings

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve a State Implementation Plan (SIP) 
revision submitted by the State of Maryland. This revision pertains to 
the control of volatile organic compound (VOC) emissions from 
architectural and industrial maintenance (AIM) coatings.

DATES: Written comments must be received on or before June 24, 2004.

ADDRESSES: Submit your comments, identified by MD166-3111 by one of the 
following methods:
    A. Federal eRulemaking Portal: http://www.regulations.gov. Follow 
the on-line instructions for submitting comments.
    B. E-mail: [email protected].
    C. Mail: Makeba Morris, Chief, Air Quality Planning Branch, 
Mailcode 3AP21, U.S. Environmental Protection Agency, Region III, 1650 
Arch Street, Philadelphia, Pennsylvania 19103.
    D. Hand Delivery: At the previously-listed EPA Region III address. 
Such deliveries are only accepted during the Docket's normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information.
    Instructions: Direct your comments to Docket ID No. MD166-3111. 
EPA's policy is that all comments received will be included in the 
public docket without change, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The Federal regulations.gov Web site is an ``anonymous access'' 
system, which means EPA will not know your identity or contact 
information unless you provide it in the body of your comment. If you 
send an e-mail comment directly to EPA without going through 
regulations.gov, your e-mail address will be automatically captured and 
included as part of the comment that is placed in the public docket and 
made available on the Internet. If you submit an electronic comment, 
EPA recommends that you include your name and other contact information 
in the body of your comment and with any disk or CD-ROM you submit. 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. Electronic files should avoid the use of special characters, 
any form of encryption, and be free of any defects or viruses.
    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; and Maryland Department of 
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 March 19, 2004, the Maryland Department 
of the Environment (MDE) submitted a revision to its State 
Implementation Plan (SIP). The SIP revision consists of COMAR 26.11.33 
Architectural Coatings which pertains to the control of VOC emissions 
from AIM coatings (the AIM Rule).

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 model rules of control 
measures for a number of source categories. The OTC AIM coatings 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 AIM coatings rule are consistent 
with the OTC model rule.

II. Summary of SIP Revision

    The Maryland AIM Rule applies to any person who supplies, sells, 
offers for sale, or manufactures any AIM coating for the use in 
Maryland; as well as a person who applies or solicits the application 
of any AIM coating within Maryland. The rule does not apply to the 
following: (1) Any AIM coating that is sold or manufactured for use 
outside of Maryland, or for shipment to other manufacturers for 
reformulation or repackaging; (2) any aerosol coating product; or (3) 
any architectural coating that is sold in a container with a volume of 
one liter (1.057 quarts) or less. The rule sets specific VOC content 
limits, in grams per liter, for AIM coating categories with a 
compliance date of January 1, 2005. Manufacturers would ensure 
compliance with the limits by reformulating coatings and substituting 
coatings with compliant coatings that are already in the market. The 
rule contains VOC content requirements for a wide variety of field-
applied coatings, including graphic art coatings, lacquers, primers and 
stains. The rule also contains administrative requirements for labeling 
and reporting. There are a number of test methods that would be used to 
demonstrate compliance with this rule. Some of these test methods 
include those promulgated by EPA and South Coast Air Quality Management 
District of California. The test methods used to test coatings must be 
the most current approved method at the time testing is performed. In 
addition, the rule includes good faith efforts to be used by a retailer 
in safeguarding against the sale of a non-compliant product, in the 
course of business, ensure that the products meet the applicable State 
requirements.

III. Proposed Action

    EPA is proposing to approve COMAR 26.11.33 for the control of VOC 
emission from AIM Coatings submitted on March 19, 2004. EPA is 
soliciting public comments on the issues discussed in this document. 
These comments will be considered before taking final action.

IV. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
proposed 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 proposes to approve State law as meeting Federal 
requirements and imposes no additional requirements beyond those 
imposed by State law. Accordingly, the Administrator certifies that 
this proposed 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 proposes to approve pre-
existing requirements

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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 proposed 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 proposes to approve 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 proposed 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 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 proposed 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 proposed rule pertaining to Maryland's AIM 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.).

List of Subjects in 40 CFR Part 52

    Environmental protection, Intergovernmental relations, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

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

    Dated: May 18, 2004.
Richard J. Kampf,
Acting Regional Administrator, Region III.
[FR Doc. 04-11773 Filed 5-24-04; 8:45 am]
BILLING CODE 6560-50-P