[Federal Register Volume 83, Number 153 (Wednesday, August 8, 2018)]
[Proposed Rules]
[Pages 39009-39012]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-16776]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2018-0153; FRL-9981-76--Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; Amendment to Control of Emissions of Volatile Organic 
Compounds From Consumer Products

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 Code of Maryland 
Regulations (COMAR) 26.11.32--Control of Emissions of Volatile Organic 
Compounds (VOCs) from Consumer Products. This action is being taken 
under the Clean Air Act (CAA).

DATES: Written comments must be received on or before September 7, 
2018.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2018-0153 at http://www.regulations.gov, or via email to Susan 
Spielberger, Associate Director, Office of Air Planning and Programs, 
[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, 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: Gregory Becoat (215) 814-2036, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION: On November 16, 2017, the Maryland 
Department of Environment (MDE) submitted a revision to its SIP for 
COMAR 26.11.32--Control of Emissions of Volatile Organic Compounds from 
Consumer Products. The amendment is part of Maryland's strategy to 
achieve and maintain the 8-hour ozone national ambient air quality 
standards (NAAQS) throughout the State.

I. Background

    EPA has designated certain areas within Maryland as nonattainment 
for the 2008 ozone NAAQS. See 40 CFR

[[Page 39010]]

81.321. Also, all of Maryland is included in the Ozone Transport Region 
(OTR) and is therefore treated as a moderate nonattainment area for 
ozone. See CAA section 184(a), (b)(2), 42 U.S.C. 7511c(a), (b)(2). 
Therefore, Maryland must continue to enact regulations to gain further 
reductions of the emissions of VOCs, a class of compounds that are 
precursors to ground-level ozone. Ozone is formed in the atmosphere by 
photochemical reactions between VOCs and oxides of nitrogen 
(NOX) in the presence of sunlight. In order to reduce ozone 
concentrations, the CAA requires control of VOC and NOX 
emission sources to achieve VOC and/or NOX emission 
reductions in nonattainment areas.
    In December 1999, EPA identified emission reduction shortfalls in 
several severe 1-hour ozone nonattainment areas, including those 
located in the OTR. The Ozone Transport Commission (OTC) developed 
model rules for a number of source categories. One of the model rules 
was to reduce VOC emissions from consumer products. The OTC model rules 
are based on existing rules developed by the California Air Resources 
Board (CARB) in 2001 (See ``OTC Model Rule for Consumer Products,'' 
issued March 28, 2001, revised November 29, 2001, and April 23, 2002), 
which were then analyzed and modified by OTC-formed workgroups to 
address emission reduction needs in the OTR. The 2001 OTC model rule 
set VOC emission limits on nearly 80 percent of the consumer product 
categories. Maryland adopted the 2001 OTC model rule for consumer 
products under COMAR 26.11.32--Control of Emissions of Volatile Organic 
Compounds from Consumer Products, on August 18, 2003. EPA approved 
Maryland's adopted regulation COMAR 26.11.32 as part of the SIP on 
December 8, 2004 (69 FR 70895). The OTC model rule for consumer 
products was amended on September 19, 2006, based upon changes by CARB 
in 2005. Maryland adopted the amended 2006 OTC model rule for consumer 
products under COMAR 26.11.32--Control of Emissions of Volatile Organic 
Compounds from Consumer Products, on June 8, 2007.
    The amended model rule added fourteen consumer product categories 
with new product category definitions and VOC limits; revised one 
previously regulated category with a more restrictive VOC limit; and 
established additional requirements for two previously regulated 
categories. EPA approved Maryland's amended regulation into the SIP on 
December 10, 2007 (72 FR 69621). Maryland again amended its consumer 
products regulation and on October 18, 2010 (75 FR 63717), EPA approved 
Maryland's SIP revision to COMAR 26.11.32--Control of Emissions of 
Volatile Organic Compounds from Consumer Products. This SIP revision 
added and amended definitions; added VOC content limits for an 
additional 11 categories of consumer products; and revised the VOC 
content limits for one category of consumer products that was already 
regulated.
    MDE's November 16, 2017 SIP revision asks EPA to approve into the 
SIP recent amendments to COMAR 26.11.32--Control of Emissions of 
Volatile Organic Compounds from Consumer Products, in order to 
institute the requirements of the 2010 and 2014 OTC model rules for 
consumer products. The 2010 and 2014 model rules were developed as part 
of a regional effort to attain and maintain the 8-hour ozone NAAQS, and 
reduce 8-hour ozone levels. The 2010 OTC model rule reflected changes 
made by the 2006 CARB rule. The 2014 OTC model rule reflected changes 
made by the 2009 CARB rule. The OTC model rules further enhance VOC 
standards for specific consumer products and introduces VOC standards 
for new products. The amendments to COMAR 26.11.32--Control of 
Emissions of Volatile Organic Compounds from Consumer Products, 
consists of updates to the VOC content limits and standards for a 
variety of consumer product categories, including personal care 
products, household products, automotive cleaners, and adhesives. The 
regulations set forth content and labeling requirements for flammable 
multi-purpose solvents and paint thinners. In addition, the regulations 
prohibit the sale, offer for sale, supply, or manufacture for use in 
the State of certain products manufactured on or after January 1 that 
contain methylene chloride, perchloroethylene, or trichloroethylene. 
These products include any bathroom and tile cleaner, construction 
panel and floor covering adhesive, electronic cleaner labeled 
``Energized Electronic Equipment use only,'' general purpose cleaner, 
or oven or grill cleaner. The amendments also establish VOC standards 
for 11 new consumer product categories. In addition, the amendments 
further strengthen the VOC standards for 15 consumer product categories 
based on improved reformulations of these products that are capable of 
achieving lower VOC emissions while demonstrating an ability to 
maintain performance specifications for the products. The amendments 
also incorporate new definitions and numerous modifications to existing 
definitions to improve clarity. In particular, MDE amended the 
structure of the definition, exemptions, and VOC standard for the 
artist's thinner/solvent consumer product category without changing the 
regulatory language, which remains consistent with the 2009 CARB rule 
and the 2014 OTC model rule.
    It is important to note that the 2006 CARB rule eliminated the 
``hair styling gel'' category and now considers gels to fall under 
``hair styling product--all other forms.'' Moving gels under the ``hair 
styling product--all other forms'' category reduced the VOC limit from 
6 to 2 percent VOC by weight. The 2014 OTC model rule did not address 
this amendment as intended; however, MDE amended ``hair styling gel'' 
to be included under the ``hair styling product--all other forms'' 
category to meet the VOC limit of 2 percent VOC by weight in order to 
remain consistent with CARB.

II. Summary of SIP Revision and EPA Analysis

    The SIP revision consists of Maryland's revision to regulations 
.01-.06, .08, .12, .14, .16, and the addition of a new regulation .05-
1, under COMAR 26.11.32--Control of Emissions of VOCs from Consumer 
Products. Generally, the regulations establish or amend VOC content 
limits and standards for a variety of consumer product categories, 
including personal care products, household products, automotive 
cleaners, and adhesives, in order to be consistent with the CARB and 
OTC model rules. The regulations also, among other things:
    1. Set forth content and labeling requirements for flammable multi-
purpose solvent and paint thinner;
    2. prohibit the sale, offer for sale, supply, or manufacture for 
use in the State of specified products that contain methylene chloride, 
perchloroethylene, or trichloroethylene, which are compounds that are 
potential carcinogens; and
    3. make various updates to the applicability provisions, documents 
incorporated by reference, definitions, reporting requirements, 
exemptions, and test methods.
    Substantial amendments were made to COMAR 26.11.32.04--Standards--
General, to establish that a person may not sell, supply, offer for 
sale, or manufacture for sale in the State a consumer product that 
contains VOCs in excess of limits specified in COMAR 26.11.32.04B based 
on the CARB and OTC model rules. The following 11

[[Page 39011]]

consumer products categories were added, including the VOC standards 
limits in parentheses based on percent VOC by weight: (1) Dual Purpose 
Air freshener/Disinfectant, Aerosol (60); (2) Anti-Static Product, 
Aerosol (80); (3) Artist's Solvent/Thinner (3); (4) Automotive 
Windshield Cleaner (35); (5) Disinfectant, Aerosol (70); (6) 
Disinfectant, Non-Aerosol (1); (7) Multi-Purpose Solvent (3); (8) Paint 
Thinner (3); (9) Sanitizer, Aerosol (70); (10) Sanitizer, Non-Aerosol 
(1); and (11) Temporary Hair Color, Aerosol (55).
    The following existing 15 consumer products categories were 
amended, including the VOC content limits in parentheses based on 
percent VOC by weight: (1) Adhesive--Construction, Panel and Floor (7); 
(2) Automotive Brake Cleaner (category changed to Brake Cleaner (10); 
(3) Bathroom and Tile Cleaner, All Other Forms (subcategory changed to 
Non-Aerosol (1); (4) Carburetor or Fuel-Injection Air Intake Cleaner 
(10); (5) Engine Degreaser, Aerosol (10); (6) Floor Polish/Wax, 
Resilient Flooring Material (1); (7) Floor Polish/Wax, Non-resilient 
Flooring Material (1); (8) Furniture Maintenance Product, All Other 
Forms (subcategory changed to Non-Aerosol) (3); (9) General Purpose 
Cleaner, Aerosol (8); (10) General Purpose Degreaser, Aerosol (10); and 
(11) Laundry Starch/Sizing/Fabric Finish Product (4.5); (12) Nail 
Polish Remover (1); (13) Oven or Grill Cleaner, Non-Aerosol 
(subcategory changed to Non-Aerosol) (4); (14) Oven or Grill Cleaner, 
Aerosol (8); and (15) Shaving Gel (4).
    In addition to these revised and new standards, Maryland added a 
requirement for ``flammable and extremely flammable multi-purpose 
solvent and paint thinner,'' to meet the formulated California VOC 
limits. The revision will continue to help Maryland attain and maintain 
the eight-hour ozone standard for the 2008 NAAQS. The revision is 
expected to result in estimated statewide VOC emissions reduction 
potential of approximately 6.3 tons per day through the implementation 
of standards for new and existing forms of consumer products. This 
estimate is based on the proposed emissions benefit methodology of CARB 
and OTC model rules.
    Further details of Maryland's regulation revisions and the CARB and 
OTC model rules for consumer products can be found in the docket of 
this proposed rulemaking EPA-R03-OAR-2018-0153 on www.regulations.gov.

III. Proposed Action

    EPA is proposing to approve MDE's amendments to COMAR 26.11.32--
Control of Emissions of VOCs from Consumer Products, that adopts the 
VOC limits established in the 2010 and 2014 OTC model rules for 
consumer products, based on the 2006 and 2009 CARB rules; respectively 
(with the exception of the previously discussed ``hair styling gel'' 
category). The OTR estimated regional VOC emission reductions of 
approximately 15 percent if all OTR states, including Maryland, adopts 
the 2010 and 2014 model rules. EPA's review of this material indicates 
that the revisions made to COMAR 26.11.32--Control of Emissions of VOCs 
from Consumer Products, meet the SIP revision requirements of the CAA. 
EPA is proposing to approve the State of Maryland's SIP revision for 
the control of emissions of VOCs from consumer products, which was 
submitted on November 19, 2017. EPA is soliciting public comments on 
the proposed adoption of these changes into the Maryland SIP.

IV. Incorporation by Reference

    In this proposed rule, EPA is proposing to include in a final EPA 
rule regulatory text that includes incorporation by reference. In 
accordance with requirements of 1 CFR 51.5, EPA is proposing to 
incorporate by reference the specific provisions of the Maryland rule 
discussed in section II of this preamble. EPA has made, and will 
continue to make, these materials generally available through http://www.regulations.gov and at the EPA Region III Office (please contact 
the person identified in the FOR FURTHER INFORMATION CONTACT section of 
this preamble for more information).

V. 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 Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866.
     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 proposed rule, to approve amendments to the State 
of Maryland's COMAR 26.11.32--Control of Emissions of Volatile Organic 
Compounds from Consumer Products, 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, Consumer products, 
Incorporation by reference, Ozone, Reporting and recordkeeping 
requirements, Volatile organic compounds.

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


[[Page 39012]]


    Dated: July 24, 2018.
Cecil Rodrigues,
Acting Regional Administrator, Region III.
[FR Doc. 2018-16776 Filed 8-7-18; 8:45 am]
 BILLING CODE 6560-50-P