[Federal Register Volume 81, Number 247 (Friday, December 23, 2016)]
[Rules and Regulations]
[Pages 94259-94262]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-30880]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2016-0304; FRL-9957-20-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: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving 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. EPA is approving this Maryland SIP submittal 
as it is in accordance with the requirements of the Clean Air Act 
(CAA).

DATES: This final rule is effective on January 23, 2017.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2016-0304. All documents in the docket are listed on 
the http://www.regulations.gov Web site. Although listed in the index, 
some information is not publicly available, e.g., 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 through 
http://www.regulations.gov, or please contact

[[Page 94260]]

the person identified in the FOR FURTHER INFORMATION CONTACT section 
for additional availability information.

FOR FURTHER INFORMATION CONTACT: Gavin Huang, (215) 814-2042, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    On August 1, 2016 (81 FR 50427 and 81 FR 50336), EPA simultaneously 
published a notice of proposed rulemaking (NPR) and a direct final rule 
(DFR) for the State of Maryland. On September 16, 2016 (81 FR 63701), 
EPA withdrew the DFR due to the receipt of a comment on the proposed 
rulemaking. In the NPR, EPA proposed to include in the Maryland SIP a 
Maryland regulation which adopted the requirements in EPA's CTG for 
fiberglass boat manufacturing materials. The formal SIP revision (#15-
07) was submitted by Maryland on December 23, 2015.
    As described in the DFR published on August 1, 2016 (81 FR 50336), 
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 
volatile organic compounds (VOC) in the states covered by a CTG. See 
CAA section 184(b)(1).
    In September 2008, EPA developed a CTG entitled Control Techniques 
Guidelines for Fiberglass Boat Manufacturing Materials (Publication No. 
EPA 453/R-08-004). 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.

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 
adopted EPA's CTG standards for fiberglass boat manufacturing materials 
through a regulation found at Code of Maryland Regulations (COMAR) 
26.11.19 (relating to VOC from specific processes). This SIP revision 
adds 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 from 
provisions within COMAR 26.11.19.26 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. Public Comments and EPA's Responses

    EPA received a comment from the Export Inspection Council of India 
within the Ministry of Commerce and Industry, Government of India 
(hereinafter referred to as ``Commenter'') on the August 1, 2016 NPR.
    Comment: The Commenter sought clarification to determine if 
Maryland's adoption of EPA's CTG guidelines for fiberglass boat 
manufacturing materials applied to international manufacturing 
facilities that export fiberglass boats into the United States. 
Additionally, if the proposed guidelines are applicable to imported 
boats, the Commenter questioned how EPA will implement the guidelines 
and if they will add to the international import requirements of 
fiberglass boats into the United States.
    Response: EPA thanks the Commenter for its submission seeking 
clarification of the Maryland regulation on fiberglass boat 
manufacturing. COMAR 26.11.19.26-1 applies to fiberglass manufacturing 
facilities that manufacture hulls or decks of fiberglass boats, 
assemble fiberglass boats from premanufactured hulls and decks, or 
build molds to make hulls or decks of fiberglass boats. See COMAR 
26.11.19.26-1(B)(5). As such, the regulation applies only to 
manufacturing, assembling or building occurring within Maryland and 
does not apply to fiberglass boats imported into the State from other 
locations, including from locations overseas. In addition, under 
Annotated Code of Maryland Sec.  2-103(b), Maryland and the Maryland 
Department of the Environment specifically only have jurisdiction over 
emissions into the air in the State and over ambient air quality in the 
State of Maryland. Because Maryland's regulatory authority therefore 
does not extend to regulating activities outside the State, EPA is 
clarifying that COMAR 26.11.19.26-1 does not regulate nor apply to 
fiberglass boat manufacturing done outside the State of Maryland. 
Because the regulation does not apply to fiberglass boat manufacturing 
outside the State of Maryland, EPA need not respond to the Commenter's 
inquiry as to how COMAR 26.11.19.26-1 would be implemented for imported 
fiberglass boats. Finally, EPA clarifies that COMAR 26.11.19.26-1 does 
not add to import requirements for fiberglass boats being imported into 
Maryland.

IV. Final Action

    EPA is approving the December 23, 2015 Maryland SIP submittal, 
which revises the Maryland SIP by adding new regulation COMAR 
26.11.19.26-1 and amending COMAR 26.11.19.26, because the SIP submittal 
meets the requirement to adopt RACT for sources covered by EPA's CTG 
standards for fiberglass boat manufacturing materials and is in 
accordance with requirements in CAA sections 172, 182 and 184.

V. Incorporation by Reference

    In this rule, 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 addressing VOC 
content limits for fiberglass boat manufacturing into the Maryland SIP. 
Therefore, these materials have been approved by EPA for inclusion in 
the SIP, have been incorporated by reference by EPA into

[[Page 94261]]

that plan, are fully federally enforceable under sections 110 and 113 
of the CAA as of the effective date of the final rulemaking of EPA's 
approval, and will be incorporated by reference by the Director of the 
Federal Register in the next update to the SIP compilation.\1\ EPA has 
made, and will continue to make, these materials generally available 
through http://www.regulations.gov and/or at the EPA Region III Office 
(please contact the person identified in the For Further Information 
Contact section of this preamble for more information).
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    \1\ 62 FR 27968 (May 22, 1997).
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VI. 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 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).

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 February 21, 2017. 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 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: December 7, 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 
COMAR 26.11.19.26 and the entry for COMAR 26.11.19.26-1. The amended 
text reads as follows:


Sec.  52.1070   Identification of plan.

* * * * *
    (c) * * *

                 EPA-Approved Regulations, Technical Memoranda, and Statutes in the Maryland SIP
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                                                                                                  Additional
       Code of  Maryland                                       State                             explanation/
  Administrative  Regulations         Title/subject       effective date   EPA approval date    citation at  40
        (COMAR) citation                                                                          CFR 52.1100
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                           26.11.19 Volatile Organic Compounds From Specific Processes
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[[Page 94262]]

 
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26.11.19.26....................  Control of Volatile            09/28/15  12/23/16 [Insert    Amendment to .26A.
                                  Organic Compound                         Federal Register
                                  Emissions from                           citation].
                                  Reinforced Plastic
                                  Manufacturing.
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26.11.19.26-1..................  Control of Volatile            09/28/15  12/23/16 [Insert    New Regulation.
                                  Organic Compound                         Federal Register
                                  Emissions from                           citation].
                                  Fiberglass Boat
                                  Manufacturing.
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[FR Doc. 2016-30880 Filed 12-22-16; 8:45 am]
 BILLING CODE 6560-50-P