[Federal Register Volume 81, Number 147 (Monday, August 1, 2016)]
[Rules and Regulations]
[Pages 50336-50339]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-17809]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2016-0304; FRL-9949-72-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; Control of Volatile Organic Compounds Emissions From 
Fiberglass Boat Manufacturing Materials

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action to approve a state implementation plan (SIP) revision 
submitted by the State of Maryland. This revision pertains to 
Maryland's adoption of the requirements in EPA's control technique 
guidelines (CTG) for fiberglass boat manufacturing materials. This 
action is being taken under the Clean Air Act (CAA).

DATES: This rule is effective on September 30, 2016 without further 
notice, unless EPA receives adverse written comment by August 31, 2016. 
If EPA receives such comments, it will publish a timely withdrawal of 
the direct final rule in the Federal Register and inform the public 
that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2016-0304 at http://www.regulations.gov, or via email to 
[email protected]. For comments submitted at Regulations.gov, 
follow the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from Regulations.gov. For either 
manner of submission, the EPA may publish any comment received to its 
public docket. Do not submit electronically any information you 
consider to be confidential business information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e. on the web, cloud, or other file sharing 
system). For additional submission methods, please contact the person 
identified in the FOR FURTHER INFORMATION CONTACT section. For the full 
EPA public comment policy, information about CBI or multimedia 
submissions, and general guidance on making effective comments, please 
visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Gavin Huang, (215) 814-2042, 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. Additionally, Maryland is in the Ozone Transport Region 
(OTR) established under section 184(a) of the CAA. Pursuant to section 
184(b)(1)(B) of the CAA, all areas in the OTR must submit SIP revisions 
that include implementation of RACT with respect to all sources of VOCs 
in the states covered by a CTG. See CAA section 184(b)(1). 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 intended to provide state and local air pollution control 
authorities information that should assist them in determining RACT for 
VOCs from various sources of fiberglass boat manufacturing. EPA has not 
published a previous CTG for fiberglass boat manufacturing materials, 
but did publish an assessment of VOC emissions from fiberglass boat 
manufacturing in 1990. The 1990 assessment defined the nature and scope 
of VOC emissions from fiberglass boat manufacturing, characterized the 
industry, estimated per plant and national VOC emissions, and 
identified and evaluated potential control options. In 2001, EPA 
promulgated the National Emission Standards for Hazardous Air 
Pollutants for Boat Manufacturing, 40 CFR part 63, subpart VVVV (2001 
NESHAP). The 2001 NESHAP established organic hazardous air pollutant 
(HAP) emissions limits based on low-HAP resins and gel coats and low-
emitting resin application technology. Several of the air pollution 
control districts in California have specific regulations that control 
VOC emissions from fiberglass boat manufacturing operations as part of 
their regulations for limiting VOC emissions from polyester resin 
operations. Several other states also have regulations that address VOC 
emissions from fiberglass boat manufacturing as part of polyester resin 
operations. After reviewing the 1990 VOC assessment, the 2001 NESHAP, 
and existing California district and other state VOC emission reduction 
approaches, and after considering information obtained since the 
issuance of the 2001 NESHAP, EPA developed a CTG entitled Control 
Techniques Guidelines for Fiberglass Boat Manufacturing Materials 
(Publication No. EPA 453/R-08-004; September 2008).
    The CTG for fiberglass boat manufacturing materials provides 
control recommendations for reducing VOC emissions from the use of gel 
coats, resins, and materials used to clean application equipment in 
fiberglass boat manufacturing operations. This CTG applies to 
facilities that manufacture hulls or decks of boats from fiberglass or 
build molds to make fiberglass boat hulls or decks. EPA's 2008 CTG 
recommends that the following operations should be covered: Open 
molding resin and gel coat operations (these include pigmented gel 
coat, clear gel coat, production resin, tooling gel coat, and tooling 
resin); resin and gel coat mixing operations; and resin and gel coat 
application equipment cleaning operations.
    EPA's 2008 CTG recommends the following VOC reduction measures:

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VOC emission limits for molding resins and gel coats; work practices 
for resin and gel coat mixing containers; and VOC content and vapor 
pressure limits for cleaning materials. Recommended VOC emission limits 
for open molding resin and gel coat operations are shown in Table 1.

 Table 1--Monomer VOC Content Limitations for Open Molding Resin and Gel
                             Coat Operations
------------------------------------------------------------------------
                                                 Individual monomer VOC
                                Application    content or weight average
          Materials                method      monomer VOC content limit
                                                    (weight percent)
------------------------------------------------------------------------
Production Resin............  Atomized                                28
                               (spray).
Production Resin............  Nonatomized....                         35
Pigmented Gel Coat..........  Any Method.....                         33
Clear Gel Coat..............  Any Method.....                         48
Tooling Resin...............  Atomized.......                         30
Tooling Resin...............  Nonatomized....                         39
Tooling Gel Coat............  Any Method.....                         40
------------------------------------------------------------------------

II. Summary of SIP Revision

    On December 23, 2015, the Maryland Department of the Environment 
(MDE) submitted on behalf of the State of Maryland to EPA SIP revision 
#15-07 concerning implementation of RACT requirements for the control 
of VOC emissions from fiberglass boat manufacturing materials. Maryland 
has adopted EPA's CTG standards for fiberglass boat manufacturing 
materials, including the emission limits found in Table 1 of this 
rulemaking action, through a regulation, found at Code of Maryland 
Regulations (COMAR) 26.11.19 (relating to VOC from specific processes). 
This SIP revision seeks to add COMAR 26.11.19.26-1 (control of VOC 
emissions from fiberglass boat manufacturing materials) to the Maryland 
SIP and also includes an amendment to COMAR 26.11.19.26 (control of VOC 
emissions from reinforced plastic manufacturing) which was previously 
approved into the Maryland SIP. In addition to adopting EPA's CTG 
standards, COMAR 26.11.19.26-1 includes numerous terms and definitions 
to support the interpretation of the measures, as well as work 
practices for cleaning, compliance and monitoring requirements, 
sampling and testing, and record keeping requirements. The amendment to 
COMAR 26.11.19.26 at COMAR 26.11.19.26A exempts fiberglass boat 
manufacturing to avoid duplicative or conflicting requirements. Prior 
to Maryland's new COMAR 26.11.19.26-1, fiberglass boat manufacturing 
materials were covered under COMAR 26.11.19.26 which did not address 
fully EPA's CTG requirements. Thus, with COMAR 26.11.19.26-1 now 
addressing fiberglass boat manufacturing materials, Maryland has 
revised COMAR 26.11.19.26A to clarify and exempt fiberglass boat 
manufacturing materials from COMAR 26.11.19.26A as these are now 
clearly addressed in COMAR 26.11.19.26-1. EPA finds the provisions in 
COMAR 26.11.19.26-1 identical to the CTG standards for fiberglass boat 
manufacturing materials and therefore approvable in accordance with 
sections 172(c)(1) and 184(b)(1)(B) of the CAA.

III. Final Action

    EPA is approving the Maryland SIP revision adding new regulation 
COMAR 26.11.19.26-1 and amending COMAR 26.11.19.26, which was submitted 
on December 23, 2015, because it meets the requirement to adopt RACT 
for sources covered by EPA's CTG standards for fiberglass boat 
manufacturing materials. EPA is publishing this rule without prior 
proposal because EPA views this as a noncontroversial amendment and 
anticipates no adverse comment. However, in the ``Proposed Rules'' 
section of this Federal Register, EPA is publishing a separate document 
that will serve as the proposal to approve the SIP revision if adverse 
comments are filed. This rule will be effective on September 30, 2016 
without further notice unless EPA receives adverse comment by August 
31, 2016. If EPA receives adverse comment, EPA will publish a timely 
withdrawal in the Federal Register informing the public that the rule 
will not take effect. EPA will address all public comments in a 
subsequent final rule based on the proposed rule. EPA will not 
institute a second comment period on this action. Any parties 
interested in commenting must do so at this time. Please note that if 
EPA receives adverse comment on an amendment, paragraph, or section of 
this rule and if that provision may be severed from the remainder of 
the rule, EPA may adopt as final those provisions of the rule that are 
not the subject of an adverse comment.

IV. Incorporation by Reference

    In this rulemaking action, the EPA is finalizing regulatory text 
that includes incorporation by reference. In accordance with 
requirements of 1 CFR 51.5, EPA is finalizing the incorporation by 
reference of COMAR 26.11.19.26-1 and an amendment to COMAR 26.11.19.26 
into the Maryland SIP. EPA has made, and will continue to make, these 
documents generally available electronically through 
www.regulations.gov and/or may be viewed at the appropriate EPA office 
(see the ADDRESSES section of this preamble for more information).

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 Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     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

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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 September 30, 2016. 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. Parties with objections to this direct final rule are 
encouraged to file a comment in response to the parallel notice of 
proposed rulemaking for this action published in the ``Proposed Rules'' 
section of this Federal Register, rather than file an immediate 
petition for judicial review of this direct final rule, so that EPA can 
withdraw this direct final rule and address the comment in the proposed 
rulemaking action.
    This action to approve the Maryland SIP revision adding new 
regulation COMAR 26.11.19.26-1 and amending COMAR 26.11.19.26 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, Carbon monoxide, 
Incorporation by reference, Ozone, Volatile organic compounds.

    Dated: July 15, 2016.
Shawn M. Garvin,
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 entry for ``26.11.19.26'' and adding in numerical order the entry 
for ``26.11.19.26-1'' 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                                  State
  Administrative Regulations       Title/subject       effective     EPA approval      Additional explanation/
       (COMAR) citation                                   date           date         citation at 40 CFR 52.1100
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                           26.11.19 Volatile Organic Compounds From Specific Processes
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                                                  * * * * * * *
26.11.19.26..................  Control of Volatile       09/28/15  8/1/16 [Insert    Amendment to .26A.
                                Organic Compound                    Federal
                                Emissions from                      Register
                                Reinforced Plastic                  citation].
                                Manufacturing.
26.11.19.26-1................  Control of Volatile       09/28/15  8/1/16 [Insert    New Regulation.
                                Organic Compound                    Federal
                                Emissions from                      Register
                                Fiberglass Boat                     citation].
                                Manufacturing.
 
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[FR Doc. 2016-17809 Filed 7-29-16; 8:45 am]
 BILLING CODE 6560-50-P