	ENVIRONMENTAL PROTECTION AGENCY

	40 CFR Part 52

	[EPA-R03-OAR-2007-0794; FRL-        ] 

Approval and Promulgation of Air Quality Implementation Plans; Maryland;


Amendments to the Control of VOC Emissions from Consumer Products

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 SIP revision pertains
to the control of volatile organic compound (VOC) emissions from
consumer products.  This action is being taken under the Clean Air Act
(CAA). 

DATES:  Written comments must be received on or before [insert date 30
days from date of publication].

ADDRESSES:  Submit your comments, identified by Docket ID Number
EPA-R03-OAR-

2007-0794 by one of the following methods:

A.    www.regulations.gov.  Follow the on-line instructions for
submitting comments.

B.    E-mail:    HYPERLINK "mailto:powers.marilyn@epa.gov" 
powers.marilyn@epa.gov .

C.    Mail:  EPA-R03-OAR-2007-0794, Marilyn Powers, Acting 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.
EPA-R03-OAR-2007-0794.  EPA's policy is that all comments received will
be included in the public docket without change, and 

may be made available online at 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
www.regulations.gov or e-mail.  The www.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  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
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 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:  Rose Quinto, (215) 814-2182, or by
e-mail at   HYPERLINK "mailto:quinto.rose@epa.gov"  quinto.rose@epa.gov
.

SUPPLEMENTARY INFORMATION:  On June 18, 2007, the Maryland Department of
Environment (MDE) submitted a revision to its SIP.  The SIP revision
(Maryland SIP #07-08) includes amendments to the control of VOC
emissions from consumer products (COMAR 26.11.32).

I.  Background

Consumer and commercial products are defined as products sold to retail
customers for personal, household, or automotive use, and products
marketed by wholesale distributors for use by commercial or
institutional organizations.  VOC emissions from these products come
from the evaporation of propellant and organic solvents during use. 
Consumer and commercial products comprise a variety of goods, including
personal care products, household products, automotive aftermarket
products, insecticides, coatings, and other miscellaneous products.  

Maryland adopted the consumer products regulation based on the 2001
Ozone Transport Commission (OTC) model rule in 2003 that was based on
the California Air Resources Board (CARB) rule.  EPA approved the
Maryland consumer products regulation on December 9, 2003 (68 FR 68523).
 In July 2005, CARB amended the 2001 OTC model rule adding 14 new
categories.  In 2006, the OTC developed an updated model rule based on
the 2005 CARB amendments.  Maryland adopted the updated 2006 OTC model
rule on June 8, 2007 with an effective date of June 18, 2007 to
incorporate the changes in the 2005 CARB rule. 

II.  Summary of SIP Revision

Maryland’s amended consumer products regulation incorporates the
changes made by CARB.  These amendments affect 18 categories of consumer
products.  Fourteen categories are new, including subcategories with new
product category definitions and VOC limits; one previously regulated
category with a more restrictive VOC limit, and two previously regulated
categories with additional requirements.  The compliance date for the
new standards is January 1, 2009.

The new categories are the following: (1) adhesive remover with four
subcategories: floor or wall covering, gasket or thread locking, general
purpose, and specialty; (2) anti-static product; (3) electrical cleaner;
(4) electronic cleaner; (6) fabric refresher; (7) footwear or leather
care product; (8) hair styling product that will incorporate hair
styling gel and include additional forms of hair styling products (i.e.;
liquid, semi-solid, and pump spray) but does not include hair spray
product or hair mousse; (9) graffiti remover; (10) shaving gel; (11)
toilet/urinal care product; and (12) wood cleaner.  The previously
regulated category with a more restrictive limit is contact adhesive
that has been separated into 2 subcategories: general purpose and
special purpose.  The previously regulated categories with additional
requirements are air fresheners and general purpose degreasers.

III.  Proposed Action

EPA is proposing to approve the Maryland SIP revision for the control of
VOC emissions from consumer products (COMAR 26.11.32) submitted on June
18, 2007.  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 Fed. Reg.
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 (Public Law 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 CAA. This proposed rule also is not subject to
Executive Order 13045 (62 FR 19885, April 23, 1997), because it approves
a state rule implementing a Federal standard.  

In reviewing SIP submissions, EPA(s role is to approve state choices,
provided that they meet the criteria of the CAA.  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 CAA.  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 pertaining to the amendments of Maryland’s consumer products
regulation, 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.

                                                                        
         /s/    

                                                                
________________________

Dated:   September 25, 2007 		       Donald S. Welsh,	

                                                                
Regional Administrator,

                                                                 Region
III.

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