[Federal Register Volume 78, Number 17 (Friday, January 25, 2013)]
[Rules and Regulations]
[Pages 5290-5292]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-00839]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2012-0610; FRL-9770-6]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: EPA is approving a State Implementation Plan (SIP) revision 
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 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. 
EPA is approving these revisions to reduce volatile organic compound 
(VOC) emissions from these seven categories which will help Maryland 
attain and maintain the National Ambient Air Quality Standards (NAAQS) 
for ozone in accordance with the requirements of the Clean Air Act 
(CAA).

DATES: This final rule is effective on February 25, 2013.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-EPA-R03-OAR-2012-0610. 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: Christopher Cripps, (215) 814-2179, or 
by email at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    On October 23, 2012 (77 FR 64787), EPA published a notice of 
proposed rulemaking (NPR) for the State of Maryland. The NPR proposed 
approval of revisions to Maryland regulations for the control of 
emissions of VOC from seven categories of sources covered by a CTG. The 
State of Maryland submitted the formal SIP revision (Revision No. 12-
03) on April 4, 2012.

II. Summary of SIP Revision

    On April 5, 2012, EPA received a SIP revision submittal from the 
Maryland Department of the Environment (MDE) which addressed sources of 
VOC emissions covered by EPA's CTGs for the following seven 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. This SIP revision submittal included amended Regulation .04 
``Testing and Monitoring'' under COMAR 26.11.01 ``General 
Administrative Provisions'' (COMAR 26.11.01.04) and Regulation .02 
``Applicability, Determining Compliance, Reporting and General 
Requirements'' under COMAR 26.11.19 ``Volatile Organic Compounds from 
Specific Processes'' (COMAR 26.11.19.02). These amendments pertain to 
the adoption of various test methods, calculations methods, work 
practice standards and exemptions which make MDE's regulations more 
consistent with EPA's CTGs for these seven source categories.
    An explanation of the CAA's reasonably available control technology 
(RACT) requirements for the 1997 8-hour ozone NAAQS as they apply to 
Maryland, the specific details of the amendments to COMAR 26.11.01.04 
and COMAR 26.11.19.02 and EPA's rationale for approving this SIP 
revision were provided in the NPR and will not be restated here.

[[Page 5291]]

    Only one set of comments was received during the comment period 
established by EPA's October 23, 2012 NPR. A summary of the comment and 
EPA's response is provided in Section III of this document.

III. Summary of Public Comment and EPA Response

    These comments supported approving into the SIP MDE amendments to 
COMAR 26.11.01.04 and COMAR 26.11.19.02.
    Comment:
    In sum, the comments stated that these revisions to the Maryland 
SIP controlling VOC emissions from these seven different industries 
should be approved. The commenter agrees with all the amendments and 
stated that the ``EPA should, without question, approve all of them. 
The amendments made to COMAR by the MDE only make the 7 industries 
safer and update their practices with VOC to be more in accordance with 
EPA's updated CTG for them under the CAA.''
    Response:
    EPA appreciates the support for this action.

IV. Final Action

    EPA is approving as a revision to the Maryland SIP the amendments 
to COMAR 26.11.01.04 and COMAR 26.11.19.02 pertaining to the adoption 
of various test methods, calculations methods, work practice standards 
and exemptions for seven CTG source categories.

V. 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 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 March 26, 2013. 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 concerning Maryland's adoption of various test 
methods, calculations methods, work practice standards and exemptions 
in accordance with CTGs for VOC RACT 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: December 19, 2012.
W.C. Early,
Acting Regional Administrator, Region III.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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 entries for COMAR 26.11.01.04 and 26.11.19.02 to read as follows:


Sec.  52.1070  Identification of plan.

* * * * *
    (c) * * *

[[Page 5292]]



                 EPA-Approved Regulations, Technical Memoranda, and Statutes in the Maryland SIP
----------------------------------------------------------------------------------------------------------------
                                                                                                  Additional
Code of Maryland administrative                        State effective                           explanation/
  regulations (COMAR) citation      Title/subject           date         EPA approval date    citation at 40 CFR
                                                                                                   52.1100
----------------------------------------------------------------------------------------------------------------
                                   26.11.01 General Administrative Provisions
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
26.11.01.04....................  Testing and                    3/5/12  1/25/13 [Insert      Amended section
                                  Monitoring.                            page number where    04C.
                                                                         the document
                                                                         begins].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                           26.11.19 Volatile Organic Compounds From Specific Processes
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
26.11.19.02....................  Applicability,                 3/5/12  1/25/13 [Insert      Amended sections
                                  Determining                            page number where    .02D, .02E, .02G
                                  Compliance,                            the document         and .02I.
                                  Reporting, and                         begins].
                                  General
                                  Requirements.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2013-00839 Filed 1-24-13; 8:45 am]
BILLING CODE 6560-50-P