[Federal Register: August 31, 2004 (Volume 69, Number 168)]
[Rules and Regulations]
[Page 53002-53004]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31au04-7]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[MD167-3112a; FRL-7804-4]
Approval and Promulgation of Air Quality Implementation Plans;
Maryland; VOC RACT for Kaydon Ring and Seal, Inc.
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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[[Page 53003]]
SUMMARY: EPA is taking direct final action to approve revisions to the
Maryland State Implementation Plan (SIP). The revisions pertain to a
Consent Order establishing volatile organic compound (VOC) reasonably
available control technology (RACT) for Kaydon Ring and Seal,
Incorporated. EPA is approving these revisions in accordance with the
requirements of the Clean Air Act (CAA).
DATES: This rule is effective on November 1, 2004 without further
notice, unless EPA receives adverse written comment by September 30,
2004. 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 MD167-3112 by one of the
following methods:
A. Federal eRulemaking Portal: http://www.regulations.gov. Follow
the on-line instructions for submitting comments.
B. E-mail: morris.makeba@epa.gov.
C. Mail: Makeba Morris, Chief, Air Quality Planning Branch,
Mailcode 3AP21, 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. MD167-3112.
EPA's policy is that all comments received will be included in the
public docket without change, 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 regulations.gov or e-
mail. The Federal regulations.gov website is an ``anonymous access''
system, which means EPA will not know your identity or contact
information unless you provide it in the body of your comment. If you
send an e-mail comment directly to EPA without going through
regulations.gov, your e-mail 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.
Copies of the documents relevant to this action are available 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; the Air and Radiation Docket
and Information Center, U.S. Environmental Protection Agency, 1301
Constitution Avenue, NW., Room B108, Washington, DC 20460; and Maryland
Department of the Environment (MDE), 1800 Washington Boulevard, Suite
705, Baltimore, Maryland 21230.
FOR FURTHER INFORMATION CONTACT: Rose Quinto, (215) 814-2182, or by e-
mail at quinto.rose@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On March 31, 2004, the State of Maryland submitted a formal
revision to its State Implementation Plan (SIP). The SIP revision
consists of a Consent Order establishing VOC RACT for Kaydon Ring and
Seal, Incorporated (Kaydon) located at 1600 Wicomico Street in
Baltimore, Maryland.
II. Summary of SIP Revision
Kaydon operates a piston ring manufacturing facility which includes
over 300 small machining and fabricating operations, e.g., cutting,
grinding, milling, polishing and lapping operations. The machining and
fabricating operations are distributed over 18 manufacturing cells that
often require several applications of a rust preventive material and
several applications of naphtha as a cleaning agent. The manufacturing
processes consist of hundreds of naphtha pans located throughout the
facility's product manufacturing cells. These pans are the main source
of VOC emissions at the facility, causing the facility to be a VOC
major source.
The facility has identified and implemented the following VOC RACT
measures in order to reduce naphtha emissions from the facility:
1. Elimination of all small open top naphtha pans and reduction of
the number of naphtha pans in use;
2. Development of standard operating procedures and employee
training to increase the retention time of parts in the naphtha pans
allowing all excess naphtha pans to drip back into the pans;
3. Development and implementation of written good operating
practices for the handling, transfer, storage and recovery of naphtha;
4. Incorporation of the good operating practices into the
facility's procedures manual;
5. Installation of properly sealed covers on all remaining naphtha
pans and implementation of procedures to ensure that covers are closed
on all naphtha pans which are not in use; and
6. Modification of its operations and relocation of the equipment
in each product manufacturing cell to minimize the number of naphtha
pans and the number of cleaning operations.
These actions have reduced emissions by approximately 20 tons per
year or less than 100 pounds per 1000 piston rings produced. According
to the Consent Order, Kaydon shall maintain compliance with the VOC
RACT measures which have been implemented to date. In addition, Kaydon
shall reduce the number of naphtha pans in use to not more than 185 by
no later than July 1, 2003; and limit emissions of naphtha to a monthly
average of not more than 90 pounds per 1000 piston rings manufactured
by July 1, 2003. Compliance shall be demonstrated using actual monthly
production of piston rings and a six-month average naphtha use. Kaydon
shall maintain, and update as necessary, the good operating practices
included in the facility's procedures manual and make available to MDE
for inspection upon request. Kaydon shall also maintain records on
piston rings manufactured and naphtha use, and calculations showing
that the emission limit was achieved. The records should be made
available for review by MDE upon request. Finally, Kaydon shall submit
to MDE for approval a proposed format for piston ring production and
naphtha consumption records following the execution of this Consent
Order and maintain the records on site for at least five years.
III. Final Action
EPA is approving the Consent Order establishing VOC RACT for Kaydon
Ring and Seal, Inc. located in Baltimore, Maryland submitted on March
31, 2004. EPA is approving this SIP submittal because MDE established
and imposed requirements in accordance with the criteria set forth in
SIP-approved regulations for imposing RACT. MDE has also imposed
recordkeeping, monitoring, and testing requirements on this source
sufficient to determine compliance with these requirements.
[[Page 53004]]
EPA is publishing this rule without prior proposal because the
Agency views this as a noncontroversial amendment and anticipates no
adverse comment. However, in the ``Proposed Rules'' section of today's
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 November 1, 2004 without further
notice unless EPA receives adverse comment by September 30, 2004. 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.
IV. Statutory and Executive Order Reviews
A. General Requirements
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves pre-existing requirements under state law and does
not impose any additional enforceable duty beyond that required by
state law, it 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). This rule also does not
have tribal implications because it will not have a substantial direct
effect on one or more Indian tribes, on the relationship between the
Federal Government and Indian tribes, or on the distribution of power
and responsibilities between the Federal Government and Indian tribes,
as specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
This action also does not have Federalism implications because it does
not have substantial direct effects on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government,
as specified in Executive Order 13132 (64 FR 43255, August 10, 1999).
This action merely approves a state rule implementing a Federal
standard, and does not alter the relationship or the distribution of
power and responsibilities established in the Clean Air Act. This rule
also is not subject to Executive Order 13045 ``Protection of Children
from Environmental Health Risks and Safety Risks'' (62 FR 19885, April
23, 1997), because it is not economically significant.
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not
impose an information collection burden under the provisions of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
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. Section 804 exempts from section 801 the following types
of rules: (1) Rules of particular applicability; (2) rules relating to
agency management or personnel; and (3) rules of agency organization,
procedure, or practice that do not substantially affect the rights or
obligations of non-agency parties. 5 U.S.C. 804(3). EPA is not required
to submit a rule report regarding today's action under section 801
because this is a rule of particular applicability establishing source-
specific requirements for one named source.
C. Petitions for Judicial Review
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by November 1, 2004. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule 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, pertaining to a Consent Order establishing VOC RACT
for Kaydon Ring and Seal, Incorporated located in Baltimore, Maryland,
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, Incorporation by reference, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: August 16, 2004.
Richard J. Kampf,
Acting Regional Administrator, Region III.
0
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
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. Section 52.1070 is amended by adding paragraph (c)(190) to read as
follows:
Sec. 52.1070 Identification of plan.
* * * * *
(c) * * *
(190) Revisions to the Maryland State Implementation Plan submitted
on March 31, 2004 by the Maryland Department of the Environment:
(i) Incorporation by reference.
(A) Letter of March 31, 2004 from the Maryland Department of the
Environment transmitting a Consent Order establishing VOC RACT for
Kaydon Ring and Seal, Inc.
(B) Consent Order establishing VOC RACT for Kaydon Ring and Seal,
Inc. with an effective date of March 5, 2004.
(ii) Additional Material.--Remainder of the State submittal
pertaining to the revisions listed in paragraph (c)(190)(i) of this
section.
[FR Doc. 04-19820 Filed 8-30-04; 8:45 am]
BILLING CODE 6560-50-M