[Federal Register Volume 80, Number 193 (Tuesday, October 6, 2015)]
[Proposed Rules]
[Pages 60318-60320]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-25346]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2015-0530; FRL-9935-06-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; Maryland's Negative Declaration for the Automobile and Light-
Duty Truck Assembly Coatings Control Techniques Guidelines

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a State Implementation Plan (SIP) revision submitted by the 
State of Maryland. This revision pertains to a negative declaration for 
the Automobile and Light-Duty Truck Assembly Coatings Control 
Techniques Guidelines (CTG). This action is being taken under the Clean 
Air Act (CAA).

DATES: Written comments must be received on or before November 5, 2015.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2015-0530 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-2015-0530, Cristina Fernandez, 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-
2015-0530. 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

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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 in www.regulations.gov or may be viewed 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: Irene Shandruk, (215) 814-2166, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    Section 172(c)(1) of the CAA 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) provides that for certain ozone 
nonattainment areas, states must revise their SIP to include RACT for 
sources of volatile organic compound (VOC) emissions covered by a CTG 
document issued after November 15, 1990 and prior to the area's date of 
attainment. EPA defines RACT as ``the lowest emission limitation that a 
particular source is capable of meeting by the application of control 
technology that is reasonably available considering technological and 
economic feasibility.'' 44 FR 53761 (September 17, 1979).
    CTGs are documents issued by EPA intended to provide state and 
local air pollution control authorities information to assist them in 
determining RACT for VOC from various sources. Section 183(e)(3)(c) 
provides that EPA may issue a CTG in lieu of a national regulation as 
RACT for a product category where EPA determines that the CTG will be 
substantially as effective as regulations in reducing emissions of VOC, 
which contribute to ozone levels, in ozone nonattainment areas. The 
recommendations in the CTG are based upon available data and 
information and may not apply to a particular situation based upon the 
circumstances.
    In 1977, EPA published a CTG for automobile and light-duty truck 
assembly coatings. After reviewing the 1977 CTG for this industry, 
conducting a review of currently existing state and local VOC emission 
reduction approaches for this industry, and taking into account any 
information that has become available since then, EPA developed a new 
CTG entitled Control Techniques Guidelines for Automobile and Light-
duty Assembly Coatings (Publication No. EPA 453/R-08-006; September 
2008).
    States can follow the CTG and adopt state regulations to implement 
the recommendations contained therein. Alternatively, states can adopt 
a negative declaration documenting that there are no sources or 
emitting facilities within the state to which the CTG is applicable. 
The negative declaration must go through the same public review process 
as any other SIP submittal.

II. Summary of SIP Revision and EPA's Evaluation

    On July 15, 2015, the Maryland Department of the Environment (MDE) 
submitted to EPA a SIP revision concerning a negative declaration for 
the Automobile and Light-Duty Truck Assembly Coatings CTG. MDE stated 
that the state previously had one source to which this CTG was 
applicable; however, the source had permanently shut down and 
dismantled all their equipment as of September 2005.
    EPA reviewed an inspection report provided by MDE indicating that 
the sole source to which this CTG would have been applicable did indeed 
permanently shut down in 2005. Additionally, EPA conducted an internet 
search of key terms relevant to the Automobile and Light-Duty Truck 
Assembly Coatings CTG and confirmed that there are no sources or 
emitting facilities in the State of Maryland to which this CTG is 
applicable.

III. Proposed Action

    EPA is proposing to approve the Maryland SIP revision concerning 
the negative declaration for the Automobile and Light-Duty Truck 
Assembly Coatings CTG, which was submitted on July 15, 2015. 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 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 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

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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 negative 
declaration for the Automobile and Light-Duty Truck Assembly Coatings 
CTG, 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, Nitrogen dioxide, Ozone, Volatile organic compounds.


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

    Dated: September 21, 2015.
Shawn M. Garvin,
Regional Administrator, Region III.
[FR Doc. 2015-25346 Filed 10-5-15; 8:45 am]
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