[Federal Register Volume 77, Number 205 (Tuesday, October 23, 2012)]
[Proposed Rules]
[Pages 64787-64789]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-25556]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2012-0610; FRL-9741-7]


Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; Reasonably Available Control Technology Requirements for 
Volatile Organic Compounds

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve State Implementation Plan (SIP) 
revisions submitted by the State of Maryland. These revisions pertain 
to the adoption of various test methods, calculations methods, work 
practice standards and exemptions which make Maryland Department of the 
Environment (MDE) regulations more consistent with the EPA's Control 
Techniques Guidelines (CTGs) for seven source categories. These 
categories are: Paper, film, and foil coatings; industrial cleaning 
solvents; miscellaneous metal and plastic parts coatings; large 
appliance coatings; offset lithographic printing and letterpress 
printing; flat wood paneling coatings and flexible package printing. 
This action is being taken under the Clean Air Act (CAA).

DATES: Written comments must be received on or before November 23, 
2012.

[[Page 64788]]


ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2012-0610 by one of the following methods:
    A. www.regulations.gov. Follow the on-line instructions for 
submitting comments.
    B. Email: [email protected].
    C. Mail: EPA-R03-OAR-2012-0610, Donna Mastro, Acting Associate 
Director, Office of Air Program Planning, Mailcode 3AP30, 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. EPA-R03-OAR-
2012-0610. EPA's policy is that all comments received will be included 
in the public docket without change, and may be made available online 
at www.regulations.gov, 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 www.regulations.gov or email. The 
www.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 email comment 
directly to EPA without going through www.regulations.gov, your email 
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.
    Docket: All documents in the electronic docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, i.e., 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 in www.regulations.gov or 
in hard copy 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: Jacqueline Lewis, (215) 814-2037, or 
by email at [email protected].

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

I. Background

    The Clean Air Act (CAA) section 172(c)(1) provides that SIPs for 
nonattainment areas must include ``reasonably available control 
measures'' (RACM), including ``reasonably available control technology 
'' (RACT), for sources of emissions. Section 182(b)(2)(A) of the CAA 
provides that for certain nonattainment areas, states must revise their 
SIPs to include RACT for sources of volatile organic compounds (VOC) 
emissions covered by a CTG document issued after November 15, 1990 and 
prior to the area's date of attainment.
    EPA develops CTGs as guidance on control requirements for specific 
source categories. The CTGs are intended to provide state and local air 
pollution control authorities information that should assist them in 
determining RACT for VOC. The State of Maryland through MDE submitted 
revisions to its SIP to address the following RACT source categories: 
(1) Paper, film, and foil coatings; (2) industrial cleaning solvents; 
(3) miscellaneous metal and plastic parts coatings; (4) large appliance 
coatings; (5) offset lithographic printing and letterpress printing; 
(6) flat wood paneling coatings; and (7) flexible package printing.
    In 1977, 1978, 1993 and 1994, EPA developed CTGs for all the source 
categories listed above, and in 2006, 2007 and 2008, EPA developed new 
CTGs for these source categories after conducting a review of existing 
state and local VOC emission reduction approaches for these industries, 
reviewing the original CTGs, and taking into account the information 
that has become available since original development. EPA's new CTGs 
are entitled Control Techniques Guidelines for Paper, Film, and Foil 
Coatings (EPA 453/R-07-003, September 2007), Control Techniques 
Guidelines: Industrial Cleaning Solvents (EPA 453/R-06-001, September 
2006), Control Techniques Guidelines for Miscellaneous Metal and 
Plastic Parts Coatings (EPA-453/R-08-003, September 2008), Control 
Techniques Guidelines for Large Appliance Coatings (EPA 453/R-07-004, 
September 2007), Control Techniques Guidelines for Offset Lithographic 
Printing and Letterpress Printing (EPA-453/R-06-002, September 2006), 
Control Techniques Guidelines for Flat Wood Paneling Coatings (EPA 453/
R-06-004, September 2006), and Control Techniques Guidelines for 
Flexible Package Printing (EPA 453/R-06-003, September 2006). These new 
CTGs include new general requirements along with testing, work 
practice, and recordkeeping requirements.

II. Summary of SIP Revision

    On April 5, 2012, EPA received a SIP revision from MDE which 
addressed sources of VOC emissions covered by EPA's CTGs for the seven 
source categories identified above and which includes amendments to 
COMAR 26.11.01.04 and COMAR 26.11.19.02.

A. Amendments to Regulation .04 Testing and Monitoring Under COMAR 
26.11.01 General Administrative Provisions

    The new amendments to COMAR 26.11.01.04C provide updated provisions 
for the test methods that are referenced under COMAR 26.11.19.02D. 
These amendments incorporate by reference federal methods under Section 
C (Emissions Test Methods) and include: (1) 40 CFR Part 60, Appendix A, 
as amended; (2) MDE's Technical Memorandum 91-01, ``Test Methods and 
Equipment Specifications for Stationary Sources,'' January 1991, as 
amended through Supplement 3 (October 1, 1997); and (3) for course 
particulate matter (PM10) stack tests (a) Test Methods 201 A 
and 202 in 40 CFR Part 51, Appendix M, as amended; (b) Test Method 5 
(40 CFR Part 60, Appendix A, as amended) and Test Method 202 in 40 CFR 
Part 51, Appendix M, as amended; (c) Test Method 5 (40 CFR Part 60, 
Appendix A, as amended) using front half and back half procedure; (d) 
EPA Conditional Test Method 39 as a substitute for Test Method 202 in 
40 CFR Part 51, Appendix M, as amended; or (e) Alternative test methods 
for PM10 if they are approved by MDE and the EPA.

[[Page 64789]]

 B. Amendments to Regulation .02 Applicability, Determining Compliance, 
Reporting and General Requirements Under COMAR 26.11.19 Volatile 
Organic Compounds from Specific Processes

    The amendments to COMAR 26.11.19.02(D), (E), and (I) apply to 
sources covered by the CTG categories and other regulations covered 
under COMAR 26.11.19 involving testing, cleaning solutions, solvents, 
or degreasing materials. These amendments make the requirements more 
consistent with EPA's CTG guidance for alternative test methods, 
calculation methods, and work practice standards.
    COMAR 26.11.19.02(D) (Test Methods) establishes methods, procedures 
and requirements for the alternative testing of control devices. The 
revision amends COMAR 26.11.19.02(D)(2) by requiring sources that use 
air pollution control equipment to comply with the requirements of 
COMAR 26.11.19 make the determination in accordance with COMAR 
26.11.01.04(C). The revision also adds COMAR 26.11.19.02(D)(3) 
requiring MDE and EPA approval if a source chooses to determine 
compliance using alternative test methods.
    COMAR 26.11.19.02(E) (Computations) establishes methods, procedures 
and requirements for calculations needed to determine compliance with 
regulations covered under COMAR 26.11.19. The addition of COMAR 
26.11.19.02(E)(3) establishes the method required to determine 
composite vapor pressure of solvent cleaning material. The addition of 
COMAR 26.11.19.02(E)(4) establishes the method to determine mass VOC to 
mass solids applied for coatings, adhesives, or inks. The addition of 
COMAR 26.11.19.02(E)(5) establishes the method to determine the weight 
of VOC in units of weight VOC per weight coating applied for coatings, 
adhesives, or inks.
    The amendment to COMAR 26.11.19.02(G) (Control of Major Stationary 
Sources of Volatile Organic Compounds) exempts additional VOC RACT 
regulations that had not been adopted since 1991. The regulation now 
exempts major stationary sources that are subject to COMAR 26.11.10, 
COMAR 26.11.11, COMAR 26.11.13, COMAR 26.11.14, and COMAR 
26.11.19.03-.33.
    COMAR 26.11.19.02(I) (Good Operating Practices, Equipment Cleanup, 
and VOC Storage) adds additional work practice requirements for the 
handling of cleaning material. This revision adds three additional good 
operating practice requirements to the previous five requirements under 
COMAR 26.11.19.02(I)(2)(b). They include minimizing spills of VOC-
containing cleaning materials, minimizing VOC emissions from cleaning 
of storage, mixing, and conveying equipment and also requiring closed 
containers or pipelines be used to transport VOC-containing cleaning 
materials from one location to another.
    A detailed summary of EPA's review and rationale for proposing to 
approve this SIP revision may be found in the Technical Support 
Document (TSD) for this action which is available on line at http://www.regulations.gov, Docket number EPA-R03-OAR-2012-0610.

III. Proposed Action

    EPA is proposing to approve Maryland's SIP revision submitted April 
5, 2012, amending Regulation .04 Testing and Monitoring under COMAR 
26.11.01 General Administrative Provisions and Regulation .02 
Applicability, Determining Compliance, Reporting and General 
Requirements under COMAR 26.11.19 Volatile Organic Compounds from 
Specific Processes for adoption of various test methods, calculations 
methods, work practice standards, and exemptions in accordance with 
CTGs for VOC RACT. 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

    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 proposes to approve state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this proposed 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 proposed rule concerning Maryland's adoption of 
various test methods, calculations methods, work practice standards and 
exemptions in accordance with CTGs for VOC RACT 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.

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.

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

    Dated: October 02, 2012.
W.C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2012-25556 Filed 10-22-12; 8:45 am]
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