

[Federal Register: August 23, 2006 (Volume 71, Number 163)]
[Proposed Rules]               
[Page 49393-49394]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23au06-27]                         

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2006-0607; FRL-8212-6]

 
Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; State Implementation Plan Revision for American Cyanamid 
Company, Havre de Grace, MD

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: EPA is proposing to approve a State Implementation Plan (SIP) 
revision submitted by the State of Maryland. This revision pertains to 
the removal of an August 2, 1984 Secretarial Order (Order) from the 
Maryland SIP. The Order constituted a Plan for Compliance (PFC) and an 
alternative method of assessing compliance at an American Cyanamid 
Company (Company) facility located in Havre de Grace, Harford County, 
Maryland (the Facility). The Order allowed for certain volatile organic 
compound (VOC) emissions sources at the Facility to achieve compliance 
with emissions limits through averaging (or ``bubbling'') of emissions 
over a 24-hour period. Removal of the Order from the SIP will remove 
the ``bubbling'' compliance option for these sources at the Facility. 
In lieu of ``bubbling,'' the sources must comply with the approved and 
more stringent Maryland SIP provisions for the control of VOC 
emissions, which do not allow averaging or ``bubbling.'' This action is 
being taken under the Clean Air Act (CAA or the Act).

DATES: Written comments must be received on or before September 22, 
2006.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2006-0607 by one of the following methods:
    A. http://www.regulations.gov. Follow the on-line instructions for 

submitting comments.
    B. E-mail: morris.makeba@epa.gov.
    C. Mail: EPA-R03-OAR-2006-0607, Makeba Morris, Chief, Air Quality 
Planning and Analysis 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. EPA-R03-OAR-
2006-0607. EPA's policy is that all comments received will be included 
in the public docket without change, and may be made available online 
at http://www.regulations.gov, 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 http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site 

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 http://www.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.
    Docket: All documents in the electronic docket are listed in the 
http://www.regulations.gov index. Although listed in the index, some 

information is not publicly available, i.e., 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 in http://www.regulations.gov
 or in hard copy 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 the Maryland Department of the 
Environment, 1800 Washington Boulevard, Suite 705, Baltimore, Maryland 
21230.

FOR FURTHER INFORMATION CONTACT: Neil Bigioni, (215) 814-2781, or by e-
mail at bigioni.neil@epa.gov.

[[Page 49394]]


SUPPLEMENTARY INFORMATION: On May 17, 2006, the Maryland Department of 
the Environment submitted a revision to its SIP entitled ``Removal of 
the 1984 American Cyanamid Company Secretarial Order from Maryland's 
State Implementation Plan.'' The request was for the removal of a 
Secretarial Order (by Consent) currently incorporated into the Maryland 
SIP. EPA is proposing to approve Maryland's requested SIP revision 
removing the Order from the SIP.

I. Background

    EPA published a final rule on May 16, 1990 (55 FR 20269), approving 
the Order issued to the Company's adhesive manufacturing facility in 
Havre de Grace, Maryland (the Facility), as a revision to the Maryland 
SIP. The Order provided the Company with a PFC and an alternative 
method of assessing compliance for certain installations located at the 
Facility by allowing the averaging or ``bubbling'' of the emissions of 
VOC over a 24-hour period. By allowing ``bubbling'' of VOC emissions 
the Company could over-control emissions at some units and under 
control at other units such that the overall emissions from the sources 
collectively would be the same as those that would be achieved 
utilizing traditional control strategies at each source. The VOC 
sources where ``bubbling'' was allowed at the Facility were components 
of the Facility's paper and fabric adhesive coating operation, and 
included Towers 2, 3, and 5 and the FM-1000 coater/dryer.
    Since EPA's May 16, 1990 approval of the Order as a SIP revision 
the Facility has been acquired by Cytec Engineered Materials, Inc. 
(Cytec).

II. Summary of SIP Revision

    EPA is proposing to approve this SIP revision submitted by the 
State of Maryland. The revision will remove the Order from the Maryland 
SIP. Removal of the Order from the SIP will subject the VOC emissions 
sources at the Facility that formerly subject to the ``bubbling'' 
provisions of the Order to the Maryland VOC regulations and limits 
codified at Code of Maryland Regulations (COMAR) 26.11.19.07. Those 
COMAR regulations are part of the Maryland SIP. (65 FR 2334, January 
14, 2000). The materials submitted by Maryland in support of the SIP 
revision indicate that the Facility currently intends to comply with 
the SIP-approved VOC limits by reducing VOC emissions through use of a 
regenerative thermal oxidizer, as allowed by COMAR 
26.11.19.02B(2)(b)(ii) and the Maryland SIP (68 FR 9012, February 27, 
2003). This proposed SIP revision will remove the current ability for 
Cytec to comply with VOC emissions limits for the sources subject to 
the Order through averaging or ``bubbling'' of VOC emissions. The SIP-
approved limits codified at COMAR 26.11.19.07C do not allow for 
compliance through averaging/''bubbling.'' The applicable COMAR 
26.11.19.07C limits of 2.9 pounds of VOC per gallon of coating as 
applied (minus water), are also more stringent than the emissions limit 
of 3.2 pounds of VOC per gallon of coating as applied (minus water) 
imposed by the Order.

III. Proposed Action

    EPA is proposing to approve Maryland's SIP revision submitted May 
27, 2006 to remove the August 2, 1984 Secretarial Order issued to 
American Cyanamid Company from the SIP. EPA is soliciting public 
comments on the issues discussed in this document. These comments will 
be considered before taking final action.

IV. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
proposed 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 proposes to approve state law as meeting Federal 
requirements and imposes no additional requirements beyond those 
imposed by state law. Accordingly, the Administrator certifies that 
this proposed 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 proposes to approve 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 proposed rule also does 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), nor will it 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), because it 
merely proposes to approve a state rule implementing a Federal 
requirement, and does not alter the relationship or the distribution of 
power and responsibilities established in the Clean Air Act. This 
proposed rule also is not subject to Executive Order 13045 (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. As required by section 3 
of Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing 
this proposed rule, EPA has taken the necessary steps to eliminate 
drafting errors and ambiguity, minimize potential litigation, and 
provide a clear legal standard for affected conduct. EPA has complied 
with Executive Order 12630 (53 FR 8859, March 15, 1988) by examining 
the takings implications of the rule in accordance with the ``Attorney 
General's Supplemental Guidelines for the Evaluation of Risk and 
Avoidance of Unanticipated Takings'' issued under the executive order. 
This proposed rule to remove the Secretarial Order for American 
Cyanamid from the Maryland SIP does not impose an information 
collection burden under the provisions of the Paperwork Reduction Act 
of 1995 (44 U.S.C. 3501 et seq.).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Ozone, Reporting 
and recordkeeping requirements, Volatile organic compounds.

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

    Dated: August 16, 2006.
Donald S. Welsh,
Regional Administrator, Region III.
 [FR Doc. E6-13952 Filed 8-22-06; 8:45 am]

BILLING CODE 6560-50-P
