[Federal Register Volume 76, Number 35 (Tuesday, February 22, 2011)]
[Rules and Regulations]
[Pages 9656-9658]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-3719]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2010-0594; FRL-9268-1]
Approval and Promulgation of the Air Quality Implementation
Plans; Maryland; Control of Volatile Organic Compound Emissions From
Industrial Solvent Cleaning Operations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is taking final action to approve a revision to Maryland's
State Implementation Plan (SIP). The revision was submitted by the
Maryland Department of the Environment (MDE) to establish and require
reasonably available control technology (RACT) for industrial solvent
cleaning operations for sources of volatile organic compounds (VOCs)
covered by control techniques guidelines (CTG). This amendment reduces
VOC emissions from industrial solvent cleaning operations which will
help Maryland attain and maintain the National Ambient Air Quality
Standards (NAAQS) for ozone. EPA is approving this revision in
accordance with the requirements of the Clean Air Act (CAA).
DATES: Effective Date: This final rule is effective on March 24, 2011.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2010-0431. All documents in the docket are listed in
the http://www.regulations.gov Web site. Although listed in the
electronic docket, some information is not publicly available, i.e.,
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 either electronically through http://www.regulations.gov or in hard copy 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. Copies of the State submittal are available at
Maryland Department of the Environment, 1800 Washington Boulevard,
Suite 705, Baltimore, Maryland 21230.
FOR FURTHER INFORMATION CONTACT: Jacqueline Lewis, (215) 814-2037, or
by e-mail at [email protected].
[[Page 9657]]
SUPPLEMENTARY INFORMATION:
I. Background
Throughout this document, whenever ``we,'' ``us,'' or ``our'' is
used, we mean EPA. On September 29, 2010, EPA published both a notice
of proposed rulemaking (NPR) (75 FR 60013) and a direct final rule
(DFR) (75 FR 59973) for the State of Maryland. The NPR proposed
approval of a formal SIP revision (10-03) submitted by
Maryland on April 22, 2010, to address sources of VOC emissions covered
by EPA's CTG: Industrial Cleaning Solvents (see EPA 453/R-06-001,
September 2006). This SIP revision adds a new regulation .09-1 under
COMAR 26.11.19 (Volatile Organic Compounds from Specific Processes). An
explanation of the CAA's RACT requirements for the 1997 8-hour ozone
NAAQS as they apply to Maryland and EPA's rationale for approving this
SIP revision was provided in the DFR and will not be restated here.
Timely adverse comments were submitted on EPA's September 29, 2010 NPR.
A summary of the comment and EPA's response is provided in Section II
of this document.
II. Summary of Public Comment and EPA Response
Comment: The commenter opposed EPA's approval of this regulation
unless Maryland specifically exempts coatings, ink, resin and adhesive
manufacturing from their Industrial Solvent Cleaning rule. The
commenter states that Maryland already has regulations that limit VOC
emissions from these manufacturing operations and is concerned that
this rule would be burdensome for these manufacturing operations. The
commenter notes that COMAR 26.11.19.15 regulates coatings, ink, resin,
and adhesive manufacturing operations and these operations should not
be subject to the general Industrial Solvent Cleaning rule.
Response: As an initial matter, we note that EPA cannot disapprove
the regulations merely because they are more stringent than the
commenter would prefer. The CAA provides the States with great
discretion in determining the controls necessary to attain and maintain
the NAAQS and EPA must approve the State's choice into the SIP so long
as they are consistent with the CAA. However, we note that the
commenter misinterprets Maryland's regulations, which we believe
address the commenter's concerns. Maryland specifically states in COMAR
26.11.19.09-1A(6)(b)(ii) that this regulation does not include cleaning
operations at sources subject to any other VOC regulation in subtitle
11. Further, COMAR 26.11.19.09-1A(6)(b)(viii) states that this
regulation does not include cleaning of resin, coating, ink, and
adhesive mixing, molding, and application equipment. Because COMAR
26.11.19.15 applies to paints, resin and adhesive manufacturing, those
cleaning operations are not subject to the regulation EPA is approving
into the SIP through this action. Additionally, cleaning operations
involving coatings and inks which are covered under many other sections
of Subtitle 11 are not subject to the regulation EPA is approving
through this action.
III. Final Action
EPA is approving Maryland's SIP revision because it meets the
requirement for establishing RACT for sources of VOC emissions covered
by EPA's Industrial Cleaning Solvents CTG.
IV. 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 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 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 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 April 25, 2011. 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 pertaining to Maryland's adoption of RACT requirements
for VOC emissions from industrial cleaning solvents may not be
challenged later in proceedings to enforce its requirements. (See
section 307(b)(2).)
[[Page 9658]]
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Ozone, Reporting and recordkeeping requirements, Volatile
organic compounds.
Dated: February 8, 2011.
W.C. Early,
Acting Regional Administrator, Region III.
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. In Sec. 52.1070, the table in paragraph (c) is amended by adding an
entry for COMAR 26.11.19.09-1 to read as follows:
Sec. 52.1070 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Regulations in the Maryland SIP
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Code of Maryland administrative Additional explanation/ citation at 40 CFR
regulations (COMAR) citation Title/subject State effective date EPA approval date 52.1100
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26.11.19 Volatile Organic Compounds from Specific Processes
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* * * * * * *
26.11.19.09-1.................... Control of VOC 4/19/10............. 2/22/11.................. New Regulation.
Emissions from [Insert page number where
Industrial Solvent the document begins].
Cleaning Operations
Other Than Cold and
Vapor Degreasing.
* * * * * * *
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[FR Doc. 2011-3719 Filed 2-18-11; 8:45 am]
BILLING CODE 6560-50-P