	ENVIRONMENTAL PROTECTION AGENCY

	40 CFR Part 52

	[EPA-R03-OAR-2010-0594; FRL-        ]

Approval and Promulgation of Air Quality Implementation Plans; Maryland;
Control of Volatile Organic Compound Emissions from Industrial Solvent
Cleaning Operations

AGENCY:     Environmental Protection Agency (EPA).

ACTION:     Direct final rule.

SUMMARY:  EPA is taking direct final action to approve a State
Implementation Plan (SIP) revision submitted by the Maryland Department
of the Environment (MDE).  This SIP revision consists of an addition to
Maryland’s Volatile Organic Compounds from Specific Processes
Regulation.  MDE has adopted standards for industrial solvent cleaning
operations that satisfy the reasonably available control technology
(RACT) requirements 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.  This action is being taken under the Clean
Air Act (CAA).   

             

DATES:  This rule is effective on [Insert date 60 days after publication
in the Federal Register]  without further notice, unless EPA receives
adverse written comment by [Insert date 30 days after publication in the
Federal Register].  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 Docket ID Number
EPA-R03-OAR-2010-0594, by one of the following methods:

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

     B.    E-mail:  pino.maria@epa.gov

     C.    Mail:   EPA- R03-OAR-2010-0594, Maria Pino, Acting Associate
Director, Office of Air Program Planning, Mailcode 3AP30, 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-2010-0594.  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:  Jacqueline Lewis, (215) 814-2037, or
by e-mail at   HYPERLINK "mailto:lewis.jacqueline@epa.gov" 
lewis.jacqueline@epa.gov .

SUPPLEMENTARY INFORMATION:  

I.    Background 

Clean Air Act (CAA) section 172(c)(1) provides that SIPs for
nonattainment areas must include “reasonably available control
measures” (RACM), including “reasonably available control
technology,” for sources of emissions.  Section 182(b)(2)(A) provides
that for certain nonattainment areas, States must revise their SIPs to
include RACT for sources of VOC emissions covered by a CTG document
issued after November 15, 1990 and prior to the area’s date of
attainment.

CAA section 183(e) directs EPA to list for regulation those categories
of products that account for at least 80 percent of the VOC emissions,
on a reactivity-adjusted basis, from consumer and commercial products in
areas that violate the NAAQS for ozone.  The CTG is intended to provide
state and local air pollution control authorities information that
should assist them in determining RACT for VOC from industrial cleaning
solvents operations.

In September 2006, EPA published a CTG for industrial solvent cleaning
operations.  This CTG lists the cleaning operations associated with
industrial cleaning solvents, identifies the sources of VOC emissions
from those cleaning operations, and describes the emissions threshold
that applies to this CTG and available control options for addressing
VOC emissions.

In February 1994, EPA published and Alternative Control Techniques (ACT)
document for industrial cleaning solvents.  This report describes
alternative techniques that will reduce VOC emissions from those
industrial cleaning solvents used to remove contaminants.  The ACT
document also provides a quantitative overview of cleaning solvents used
and a model for accounting and tracking solvent usage.  This document is
also an appendix to the CTG document listed above.

II.   Summary of SIP Revision

On April 22, 2010, the State of Maryland submitted a SIP revision
(#10-03) 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). 

COMAR 26.11.19.09-1 - Control of VOC Emissions from Industrial Solvent
Cleaning Operations Other Than Cold and Vapor Degreasing - affects
facilities that emit 15 pounds or more per day of VOCs (before
consideration of controls) from the use of industrial solvent cleaning
operations other then cold and vapor degreasing.  Exclusions include:

Cleaning operations at sources subject to any other VOC regulation in
COMAR 26.11.19:

Cleaning of electrical and electric components;

Cleaning of high precision optics;

Stripping;

Janitorial cleaning; cleaning of resin, coating, ink, and adhesive
mixing, molding and application equipment;

Cleaning operations in research and development laboratories;

Cleaning operations in medical device or pharmaceutical manufacturing;
and 

Cleaning operations related to performance or quality assurance testing
of coatings, inks, or adhesives.

COMAR 26.11.19.09-1 requires the vapor pressure of the cleaning solution
to be less than or equal to 8 millimeters of mercury (mm Hg) at 20º C
before it may be used.  This regulation also requires the maintenance of
monthly records of the total solvent material used.  These records must
be made available to MDE upon request.  Facilities affected by this
regulation must also observe the work practice requirements, compliance
procedures and test methods found in COMAR 26.11.19.02 (Applicability,
Determining Compliance, Reporting, and General Requirements).  

During the State’s public comment period, a comment was received
opposing the implementation of the 50 grams VOC per liter limit to
digital printing operations.  The commenter stated that the provisions
contained in COMAR 26.11.19.18F include the use of cleaning solvents by
digital printing operations; therefore digital operations should be
exempt from this proposed regulation.  In response Maryland concluded
that digital printing sources are subject to the regulations under COMAR
26.11.19.18F, and are therefore exempt from the requirements of COMAR
26.11.19.09-1.  EPA agrees with Maryland’s response; since
Maryland’s definition of Industrial Solvent Cleaning Operations
includes many exemptions, one of which excludes all sources subject to
the requirements of any other VOC regulation in COMAR 26.11.19 (Volatile
Organic Compounds from Specific Processes).  COMAR
26.11.19.09-1A(6)(b)(ii), reads as follows:  Industrial Solvent Cleaning
Operations does not include cleaning operations at sources subject to
any other VOC regulations in this subtitle.

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.  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 [Insert date 60 days from date of publication in the
Federal Register] without further notice unless EPA receives adverse
comment by [Insert date 30 days from date of publication in the Federal
Register].  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 the Clean Air Act, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act 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 Clean Air Act.  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 (Public Law 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
Clean Air Act; 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 [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 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.  Parties with objections to this direct final rule are
encouraged to file a comment in response to the parallel notice of
proposed rulemaking for this action published in the proposed rules
section of today's Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the proposed
rulemaking. 

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).)

List of Subjects in 40 CFR Part 52

  

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

__September 14, 2010_                  		           
___________/s/_____________

Dated:                                				W. C. Early, Acting

                                      				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 an
entry for COMAR 26.11.19.09-1 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  



  *            *               *              *              *          
      *             * 



26.11.19	

Volatile Organic Compounds from Specific Processes                      
                                                    



   *             *             *             *             *            
*             *





26.11.19.09-1

	

Control of VOC Emissions from Industrial Solvent Cleaning Operations
Other Than Cold and Vapor Degreasing.	

4/19/10	

[Insert Federal Register publication date]

[Insert page number where the document begins]	

New Regulation



 *             *               *                *                *      
        *           *

*   *   *   *   *

 PAGE   

 PAGE   11 

