
[Federal Register Volume 80, Number 190 (Thursday, October 1, 2015)]
[Rules and Regulations]
[Pages 59055-59057]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-24862]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2015-0404; FRL-9934-92-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; Adoption of Control Techniques Guidelines for Metal Furniture 
Coatings and Miscellaneous Metal Parts Coatings

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a State 
Implementation Plan (SIP) revision submitted by the State of Maryland. 
The revision includes amendments to Maryland's regulation for the 
control of volatile organic compounds (VOC) and meets the requirement 
to adopt reasonably available control technology (RACT) for sources 
covered by EPA's Control Techniques Guidelines (CTG) standards for 
coatings for metal furniture and miscellaneous metal parts. These 
amendments will reduce emissions of VOC from these source categories 
and assist Maryland to attain and maintain the national ambient air 
quality standard (NAAQS) for ozone. EPA is approving this revision to 
reduce VOC emissions in accordance with the requirements of the Clean 
Air Act (CAA).

DATES: This final rule is effective on November 2, 2015.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2015-0404. All documents in the docket are listed in 
the 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 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 21230.

FOR FURTHER INFORMATION CONTACT: Ellen Schmitt, (215) 814-5787, or by 
email at schmitt.ellen@epa.gov.

SUPPLEMENTARY INFORMATION: 

I. Background

    On July 17, 2015 (80 FR 42459), EPA published a notice of proposed 
rulemaking (NPR) for the State of Maryland, proposing approval of 
Maryland's SIP submittal which includes amendments to the State's 
regulation for the control of VOCs and adopts the requirements of EPA's 
CTGs for the coating of metal furniture and miscellaneous metal parts, 
as RACT for these source categories. The formal SIP revision (#14-02) 
was submitted by the State of Maryland on July 28, 2014.
    Section 172(c)(1) of the CAA provides that SIPs for nonattainment 
areas must include reasonably available control measures (RACM), 
including RACT 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. States can follow the CTGs and adopt state regulations to 
implement the recommendations contained therein, or they can adopt 
alternative approaches. In either case, states must submit their RACT 
rules to EPA for review and approval as part of the SIP process.
    In September 2007, EPA published a new CTG for Metal Furniture 
Coatings (EPA-453/R-07-005), and in September 2008, EPA published a new 
CTG for Miscellaneous Metal and Plastic Parts Coatings (EPA-453/R-08-
003). These CTGs discuss the nature of VOC emissions from these 
industries, the available control technologies for addressing such 
emissions, the cost of available control options, and other 
information. EPA developed new CTGs for these industries after 
reviewing existing state and local VOC emission reduction approaches, 
new source performance standards (NSPS), previously issued CTGs, and 
national emission standards for hazardous air pollutants (NESHAP) for 
these source categories.

II. Summary of SIP Revision

    On July 28, 2014, the State of Maryland through the Maryland 
Department of the Environment (MDE) submitted to EPA a SIP revision 
(#14-02) concerning the adoption of the emission limits for metal 
furniture coatings found in the Metal Furniture Coatings CTG and 
miscellaneous metal parts coatings found in the Miscellaneous Metal and 
Plastic Parts Coatings CTG. Maryland has adopted EPA's CTG standards 
for metal furniture and miscellaneous metal parts coating processes by 
amending Regulation .08 under COMAR 26.11.19, Volatile Organic 
Compounds from Specific Sources. Specifically, this revision amends the 
existing regulation in section 26.11.19.08 by adding coating standards 
for both metal furniture and miscellaneous metal parts that are either 
equal to or more stringent than the coating standards found in EPA's 
CTGs. Additionally, new definitions and application methods were added 
to COMAR section 26.11.19.08. A detailed summary of Maryland's 
amendments and EPA's review of and rationale for approving this SIP 
revision submittal may be found in the NPR and Technical Support 
Document (TSD) for this rulemaking action which is available online at 
www.regulations.gov, Docket number EPA-R03-OAR-2015-0404.

III. Final Action

    EPA is approving the State of Maryland's July 28, 2014 SIP 
submittal as a revision to the Maryland SIP. The SIP submittal being 
approved in this action consists of amendments to Maryland's regulation 
for the control of VOCs and adopts the requirements of EPA's CTGs for 
the coating of metal furniture and miscellaneous metal parts, as RACT 
for these source categories.

IV. Incorporation by Reference

    In this rulemaking action, the EPA is finalizing regulatory text 
that includes incorporation by reference. In accordance with 
requirements of 1 CFR 51.5, the EPA is finalizing the incorporation by 
reference of the MDE rules regarding control of VOC emissions from 
metal furniture and miscellaneous metal parts coatings as described in 
Section II of this rulemaking action. The EPA has made, and will 
continue to make, these documents generally available electronically 
through www.regulations.gov and/or in hard copy at the appropriate EPA 
office (see the ADDRESSES section of this preamble for more 
information).

[[Page 59056]]

V. 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 CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by November 30, 2015. 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 to approve amendments of Maryland's VOC control 
regulation into Maryland's SIP 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.

    Dated: September 17, 2015.
Shawn M. Garvin,
Regional Administrator, Region III.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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 revising 
the entry for ``26.11.19.08'' to read as follows:


Sec.  52.1070  Identification of plan.

* * * * *
    (c) * * *

                 EPA-Approved Regulations, Technical Memoranda, and Statutes in the Maryland SIP
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                                                                                         Additional explanation/
Code of Maryland Administrative     Title/Subject         State       EPA approval date     citation at 40 CFR
  Regulations (COMAR) citation                       effective date                              52.1100
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                           26.11.19 Volatile Organic Compounds From Specific Processes
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                                                  * * * * * * *
26.11.19.08....................  Metal Parts and            5/26/14  10/1/15 [Insert     Amends section title.
                                  Products Coating.                   Federal Register   Adds definitions.
                                                                      citation].
                                                                                         Section 26.11.19.08(B),
                                                                                          Emission Standards,
                                                                                          removed.
                                                                                         Section 26.11.19.08(B),
                                                                                          Incorporation by
                                                                                          Reference, added.
                                                                                         Section 26.11.19.08(C),
                                                                                          Applicability and
                                                                                          Exemptions, added.

[[Page 59057]]

 
                                                                                         Section 26.11.19.08(D),
                                                                                          Emission Standards,
                                                                                          added.
 
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[FR Doc. 2015-24862 Filed 9-30-15; 8:45 am]
 BILLING CODE 6560-50-P


