[Federal Register Volume 77, Number 187 (Wednesday, September 26, 2012)]
[Rules and Regulations]
[Pages 59093-59095]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-23572]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2012-0468; FRL-9731-7]


Approval and Promulgation of Air Quality Implementation Plans; 
Maryland-Revision for the Control of Volatile Organic Compounds 
Emissions From Vehicle Refinishing

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision 
submitted by the State of Maryland pertaining to ``Control of Volatile 
Organic Compounds Emissions from Vehicle Refinishing.'' The SIP 
revision establishes new volatile organic compounds (VOC) content 
limits and standards for coating and cleaning solvents used in vehicle 
refinishing. This action is being taken under the Clean Air Act (CAA).

DATES: This final rule is effective on October 26, 2012.

[[Page 59094]]


ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2012-0468. All documents in the docket are listed in 
the www.regulations.gov Web site. Although listed in the electronic 
docket, some information is not publicly available, i.e., confidential 
business information (CBI) or other information whose disclosure is 
restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the Internet and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available either electronically through www.regulations.gov or in hard 
copy 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. Copies of the State 
submittal are available at the Maryland Department of the Environment, 
1800 Washington Boulevard, Suite 705, Baltimore, Maryland 21230.

FOR FURTHER INFORMATION CONTACT: Emlyn V[eacute]lez-Rosa, (215) 814-
2038, or by email at [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA.

I. Background

    On May 8, 2012, the Maryland Department of the Environment (MDE) 
submitted a formal SIP revision (12-04) to EPA pertaining to 
regulation COMAR 26.11.19.23 ``Control of Volatile Organic Compounds 
Emissions from Vehicle Refinishing.'' The SIP revision establishes new 
volatile organic compounds (VOC) content limits for coating and 
cleaning solvents used in vehicle refinishing and standards for coating 
application, work practices, monitoring, and recordkeeping. On July 10, 
2012 (77 FR 40550), EPA published a notice of proposed rulemaking (NPR) 
proposing approval of Maryland's revisions to COMAR 26.11.19.23 
``Control of Volatile Organic Compounds Emissions from Vehicle 
Refinishing'' as adopted by the State of Maryland on March 26, 2012. 
The compliance date of the adopted regulation COMAR 26.11.19.23 is July 
1, 2013.

II. Summary of SIP Revision

    The SIP revision establishes VOC content limits for automotive 
coatings and cleaning solvents used in vehicle refinishing and 
standards for coating application, work practices, monitoring, and 
recordkeeping. Maryland's revisions to COMAR 26.11.19.23 include 
establishing VOC content limits for 11 categories of automotive 
coatings and two categories of cleaning solvents which are used in the 
preparation, application, and drying phases of vehicle refinishing. All 
affected sources must comply with provisions of this regulation by July 
1, 2013. This SIP revision will achieve emission reductions of VOC 
throughout the State of Maryland.
    Maryland's revisions to COMAR 26.11.19.23 are based on the 2009 
``Model Rule for Motor Vehicle and Mobile Equipment Non-Assembly Line 
Coating Operations'' (MVMERR) developed in conjunction with member 
states of the Ozone Transport Commission (OTC). The MVMERR and the 
adopted regulation COMAR 26.11.19.23 comply with EPA's requirements set 
forth in 40 CFR Part 59, subpart B ``National Volatile Organic Compound 
Emissions Standards for Automobile Refinish Coatings'' and 40 CFR part 
63 subpart HHHHHH ``National Emission Standards for Hazardous Air 
Pollutants: Paint Stripping and Miscellaneous Surface Coating 
Operations at Area Sources.'' Specific information concerning revisions 
to COMAR 26.11.19.23 and the rationale for EPA's proposed action are 
explained in the NPR and the Technical Support Document for this 
action, and will not be restated here. No public comments were received 
on the NPR.

III. Final Action

    EPA is approving Maryland's revisions to regulation COMAR 
26.11.19.23 ``Control of Volatile Organic Compounds Emissions from 
Vehicle Refinishing'' adopted by MDE on March 26, 2012, as a revision 
to the Maryland SIP. The compliance date for this regulation is July 1, 
2013.

IV. Statutory and Executive Order Reviews

A. General Requirements

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     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);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as specified 
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the 
SIP is not approved to apply in Indian country located in the state, 
and EPA notes that it will not impose substantial direct costs on 
tribal governments or preempt tribal law.

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 action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United

[[Page 59095]]

States prior to publication of the rule in the Federal Register. A 
major rule cannot take effect until 60 days after it is published in 
the Federal Register. This action 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 CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by November 26, 2012. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action 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, which approves revisions to regulation COMAR 
26.11.19.23, 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, Ozone, Reporting and recordkeeping requirements, Volatile 
organic compounds.

    Dated: August 30, 2012.
W.C. Early,
Acting Regional Administrator, Region III.

    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. In Sec.  52.1070, the table in paragraph (c) is amended by revising 
the entry for COMAR 26.11.19.23 to read as follows:


Sec.  52.1070  Identification of plan.

* * * * *
    (c) * * *

                                     EPA-Approved Regulations, Technical Memoranda, and Statutes in the Maryland SIP
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  Code of Maryland administrative                               State                                               Additional explanation/ citation at
   regulations (COMAR) citation         Title/subject      effective date             EPA approval date                        40 CFR 52.1100
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                                               26.11.19 Volatile Organic Compounds From Specific Processes
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                                                                      * * * * * * *
26.11.19.23.......................  Control of VOC                4/16/12  9/26/12 [Insert page number where the   Entire regulation revised.
                                     Emissions from                         document begins].
                                     Vehicle Refinishing.
 
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[FR Doc. 2012-23572 Filed 9-25-12; 8:45 am]
BILLING CODE 6560-50-P