	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:  Final rule.

SUMMARY:  EPA is approving 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 based on the 2006 Ozone Transport Commission (OTC) model rule
for consumer products.  Maryland’s amendments to the consumer products
rule include fourteen categories that 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.  EPA is approving
this SIP revision in accordance with the Clean Air Act (CAA).

EFFECTIVE DATE:  This final rule is effective on [insert date 30 days
from date of publication].

ADDRESSES:  EPA has established a docket for this action under Docket
ID Number EPA-R03-OAR-2007-0794.  All documents in the docket are listed
in the www.regulations.gov website.  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 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 the Maryland Department of the Environment,
1800 Washington Boulevard, Suite 705, Baltimore, Maryland.

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:  

I.  Background	

On October 4, 2007 (72 FR 56707), EPA published a notice of proposed
rulemaking (NPR) for the State of Maryland.  The NPR proposed approval
of amendments to the control of VOC emissions from consumer products. 
The formal SIP revision (#07-08) was submitted by the Maryland
Department of the Environment (MDE) on June 18, 2007.  Maryland’s
consumer products rule incorporates the changes made by the California
Air Resources Board (CARB) in 2005 that the OTC developed as a model
rule for consumer products in 2006.  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 these categories is
January 1, 2009.

The new categories are:  (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 two subcategories:  general purpose and special purpose. 
The previously regulated categories with additional requirements are air
fresheners and general purpose degreasers.

The rationale for EPA's proposed action are explained in the NPR and
will not be restated here.  No public comments were received on the NPR.

II.  Final Action

EPA is approving the amendments to the control of VOC emissions from
consumer products as a revision to the Maryland SIP.  This SIP revision
was submitted by MDE on June 18, 2007.

III.  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 (Public Law 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 requirement, and does not alter the relationship
or the distribution of power and responsibilities established in the
CAA.  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 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.  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.  EPA will submit a report containing this rule 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.  This rule 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 CAA, petitions for judicial review of
this action must be filed in the United States Court of Appeals for the
appropriate circuit by [insert date 60 days from date of publication of
this document in the Federal Register].  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 the amendments of Maryland’s consumer
products rule, 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, Air pollution control, Incorporation by
reference ,Ozone, Reporting and recordkeeping requirements, Volatile
organic compounds.

__November 20, 2007                                             
_____/s/__________________________

Dated:                            				Donald S. Welsh,                  
              								Regional Administrator,

                                  					Region III.

40 CFR part 52 is amended as follows: 

PART 52 - [AMENDED] 

1.  The authority citation for part 52 continues to read as follows: 

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

Subpart V( Maryland

2.  In ( 52.1070, the table in paragraph (c) is amended by adding and
revising entries for COMAR 26.11.32 to read as follows:

	

( 52.1070  		Identification of plan.

*		*		*		*		*

(c) * * *

       EPA-APPROVED REGULATIONS IN THE MARYLAND SIP



Code of Maryland administrative regulations (COMAR) citation	

Title/subject	

State effective date	

EPA approval date	

Additional explanation/

citation at 40 CFR 52.1100  



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26.11.32	Control of Emissions of Volatile Organic Compound Emissions
from Consumer Products

26.11.32.01	Applicability and Exemptions

	06/18/07	[Insert Federal Register publication date]

[Insert page number where the document begins]

	26.11.32.02	Incorporation by Reference	06/18/07	[Insert Federal
Register publication date]

[Insert page number where the document begins]

	26.11.32.03	Definitions	06/18/07	[Insert Federal Register publication
date]

[Insert page number where the document begins]

	26.11.32.04	Standards - General	06/18/07	[Insert Federal Register
publication date]

[Insert page number where the document begins]	 

26.11.32.05	Standards- Requirements for Charcoal Lighter Materials
08/18/03	12/09/03

68 FR 68523

	(c)(185) 

26.11.32.06	Standards – Requirements for Aerosol Adhesives	06/18/07
[Insert Federal Register publication date]

[Insert page number where the document begins]

	26.11.32.07	Standards - Requirements for Floor Wax Strippers	08/18/03
12/09/03

68 FR 68523

	(c)(185) 

26.11.32.08	Requirements for Contact Adhesives, Electronic Cleaners,
Footwear, or Leather Care Products, and General Purpose Cleaners
06/18/07	[Insert Federal Register publication date]

[Insert page number where the document begins]	New Regulation

26.11.32.09	Requirements for Adhesive Removers, Electrical Cleaners, and
Graffiti Removers	06/18/07	[Insert Federal Register publication date]

[Insert page number where the document begins]	New Regulation

26.11.32.10	Requirements for Solid Air Fresheners and Toilet and Urinal
Care Products	06/18/07	[Insert Federal Register publication date]

[Insert page number where the document begins]	New Regulation

26.11.32.11	Innovative Products – CARB Exemption	06/18/07	[Insert
Federal Register publication date]

[Insert page number where the document begins]	Recodification of
existing Regulation .08

26.11.32.12	Innovative Products – Department Exemption	06/18/07
[Insert Federal Register publication date]

[Insert page number where the document begins]	Recodification of
existing Regulation .09

26.11.32.13	Administrative Requirements	06/18/07	[Insert Federal
Register publication date]

[Insert page number where the document begins]	Recodification of
existing Regulation .10;  Amended

26.11.32.14	Reporting Requirements	06/18/07	[Insert Federal Register
publication date]

[Insert page number where the document begins]	Recodification of
existing Regulation .11;  Amended

26.11.32.15	Variances	06/18/07	[Insert Federal Register publication
date]

[Insert page number where the document begins]	Recodification of
existing Regulation .12;  Amended

26.11.32.16	Test Methods	06/18/07	[Insert Federal Register publication
date]

[Insert page number where the document begins]	Recodification of
existing Regulation .13;  Amended

26.11.32.17	Alternative Control Plan (ACP)	06/18/07	[Insert Federal
Register publication date]

[Insert page number where the document begins]	Recodification of
existing  Regulation .14;  Amended

26.11.32.18	Approval of an ACP Application	06/18/07	[Insert Federal
Register publication date]

[Insert page number where the document begins]	Recodification of
existing Regulation .15;  Amended

26.11.32.19	Record Keeping and Availability of Requested Information
06/18/07	[Insert Federal Register publication date]

[Insert page number where the document begins]	Recodification of
existing Regulation .16

26.11.32.20	Violations	06/18/07	[Insert Federal Register publication
date]

[Insert page number where the document begins]	Recodification of
existing Regulation .17

26.11.32.21	Surplus Reduction and Surplus Trading	06/18/07	[Insert
Federal Register publication date]

[Insert page number where the document begins]	Recodification of
existing Regulation .18;  Amended

26.11.32.22	Limited-use surplus reduction credits for early formulations
of ACP Products	06/18/07	[Insert Federal Register publication date]

[Insert page number where the document begins]	Recodification of
existing Regulation .19;  Amended

26.11.32.23	Reconciliation of Shortfalls	06/18/07	[Insert Federal
Register publication date]

[Insert page number where the document begins]	Recodification of
existing Regulation .20;  Amended



26.11.32.24	Modifications to an ACP	06/18/07	[Insert Federal Register
publication date]

[Insert page number where the document begins]	Recodification of
existing Regulation .21;  Amended

26.11.32.25	Cancellation of an ACP	06/18/07	[Insert Federal Register
publication date]

[Insert page number where the document begins]	Recodification of
existing Regulation .22;  Amended

26.11.32.26	Transfer of an ACP	06/18/07	[Insert Federal Register
publication date]

[Insert page number where the document begins]	Recodification of
existing Regulation .23



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