[Federal Register Volume 78, Number 187 (Thursday, September 26, 2013)]
[Rules and Regulations]
[Pages 59240-59242]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-23100]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2013-0066; FRL-9901-20-Region3]


Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; Adoption of Control Techniques Guidelines for Miscellaneous 
Metal and Plastic Parts Which Includes Pleasure Craft Coating 
Operations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: EPA is approving a State Implementation Plan (SIP) revision 
submitted by the State of Maryland. The revision consists of a new 
regulation pertaining to control of volatile organic compound (VOC) 
emissions from pleasure craft coating operations. EPA is approving the 
revision to reduce further VOC emissions from pleasure craft coating 
operations in accordance with the requirements of the Clean Air Act 
(CAA).

DATES: This final rule is effective on October 28, 2013.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2013-0066. 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

[[Page 59241]]

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: Gregory Becoat, (215) 814-2036, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On May 16, 2013 (78 FR 28773), EPA published a notice of proposed 
rulemaking (NPR) for the State of Maryland. The NPR proposed approval 
of Maryland's Regulation .27-1 under COMAR 26.11.19--Volatile Organic 
Compounds from Specific Processes. On January 10, 2013, Maryland 
submitted the formal SIP revision (12-08) adopting the 
requirements as recommended by EPA's control technique guidelines (CTG) 
for Miscellaneous Metal Parts and Plastic Coating (MMPPC) operations 
and as recommended by trade associations representing the pleasure 
craft industry.

II. Summary of SIP Revision

    The SIP revision adds Regulation .27-1 under COMAR 26.11.19 in 
order to: (1) Establish applicability for pleasure craft and fiberglass 
boat coating operations; (2) establish exemptions; (3) add definitions 
and terms to reflect pleasure craft coating operations; (4) incorporate 
by reference the standard test method for Specular Gloss; (5) establish 
that the least stringent emission limitation is applicable if more than 
one emission limitation applies to a specific coating; (6) establish 
application methods; and (7) specify VOC limit requirements for 
pleasure craft coating operations. EPA received no adverse comments on 
the NPR to approve Maryland's SIP revision. A more complete explanation 
of the amendments and the rationale for EPA's proposed action is 
explained in the technical support document and the NPR in support of 
this final rulemaking and will not be restated here.

III. Final Action

    EPA is approving Maryland's SIP revision adopting a new regulation 
to control VOC emissions from pleasure craft coating operations.

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 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 25, 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 approving Maryland's amendments to regulations for 
the control of VOCs for MMPPC 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: August 29, 2013.
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.

[[Page 59242]]

Subpart V--Maryland

0
2. In Sec.  52.1070, the table in paragraph (c) is amended by adding an 
entry for COMAR 26.11.19.27-1, after the existing entry for COMAR 
26.11.19.27. The added text reads as follows:


Sec.  52.1070  Identification of plan.

* * * * *
    (c) * * *

                 EPA-Approved Regulations, Technical Memoranda, and Statutes in the Maryland SIP
----------------------------------------------------------------------------------------------------------------
       Code of Maryland                                                                 Additional explanation/
  Administrative Regulations      Title/subject         State       EPA-Approval date      citation at 40 CFR
       (COMAR) citation                            effective date                               52.1100
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                           26.11.19 Volatile Organic Compounds From Specific Processes
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
26.11.19.27-1................  Control of                10/12/12  9/26/13 [Insert     Regulation Added.
                                Volatile Organic                    page number where
                                Compounds from                      the document
                                Pleasure Craft                      begins].
                                Coating
                                Operations.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2013-23100 Filed 9-25-13; 8:45 am]
BILLING CODE 6560-50-P