Approval and Promulgation of Air Quality Implementation Plans; Maryland-Revision for the Control of Volatile Organic Compounds Emissions From Vehicle Refinishing |
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W.C. Early
September 26, 2012
[Federal Register Volume 77, Number 187 (Wednesday, September 26, 2012)]
[Rules and Regulations]
[Pages 59093-59095]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-23572]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2012-0468; FRL-9731-7]
Approval and Promulgation of Air Quality Implementation Plans;
Maryland-Revision for the Control of Volatile Organic Compounds
Emissions From Vehicle Refinishing
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision
submitted by the State of Maryland pertaining to ``Control of Volatile
Organic Compounds Emissions from Vehicle Refinishing.'' The SIP
revision establishes new volatile organic compounds (VOC) content
limits and standards for coating and cleaning solvents used in vehicle
refinishing. This action is being taken under the Clean Air Act (CAA).
DATES: This final rule is effective on October 26, 2012.
[[Page 59094]]
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2012-0468. 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: Emlyn V[eacute]lez-Rosa, (215) 814-
2038, or by email at velez-rosa.emlyn@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document, whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
I. Background
On May 8, 2012, the Maryland Department of the Environment (MDE)
submitted a formal SIP revision (12-04) to EPA pertaining to
regulation COMAR 26.11.19.23 ``Control of Volatile Organic Compounds
Emissions from Vehicle Refinishing.'' The SIP revision establishes new
volatile organic compounds (VOC) content limits for coating and
cleaning solvents used in vehicle refinishing and standards for coating
application, work practices, monitoring, and recordkeeping. On July 10,
2012 (77 FR 40550), EPA published a notice of proposed rulemaking (NPR)
proposing approval of Maryland's revisions to COMAR 26.11.19.23
``Control of Volatile Organic Compounds Emissions from Vehicle
Refinishing'' as adopted by the State of Maryland on March 26, 2012.
The compliance date of the adopted regulation COMAR 26.11.19.23 is July
1, 2013.
II. Summary of SIP Revision
The SIP revision establishes VOC content limits for automotive
coatings and cleaning solvents used in vehicle refinishing and
standards for coating application, work practices, monitoring, and
recordkeeping. Maryland's revisions to COMAR 26.11.19.23 include
establishing VOC content limits for 11 categories of automotive
coatings and two categories of cleaning solvents which are used in the
preparation, application, and drying phases of vehicle refinishing. All
affected sources must comply with provisions of this regulation by July
1, 2013. This SIP revision will achieve emission reductions of VOC
throughout the State of Maryland.
Maryland's revisions to COMAR 26.11.19.23 are based on the 2009
``Model Rule for Motor Vehicle and Mobile Equipment Non-Assembly Line
Coating Operations'' (MVMERR) developed in conjunction with member
states of the Ozone Transport Commission (OTC). The MVMERR and the
adopted regulation COMAR 26.11.19.23 comply with EPA's requirements set
forth in 40 CFR Part 59, subpart B ``National Volatile Organic Compound
Emissions Standards for Automobile Refinish Coatings'' and 40 CFR part
63 subpart HHHHHH ``National Emission Standards for Hazardous Air
Pollutants: Paint Stripping and Miscellaneous Surface Coating
Operations at Area Sources.'' Specific information concerning revisions
to COMAR 26.11.19.23 and the rationale for EPA's proposed action are
explained in the NPR and the Technical Support Document for this
action, and will not be restated here. No public comments were received
on the NPR.
III. Final Action
EPA is approving Maryland's revisions to regulation COMAR
26.11.19.23 ``Control of Volatile Organic Compounds Emissions from
Vehicle Refinishing'' adopted by MDE on March 26, 2012, as a revision
to the Maryland SIP. The compliance date for this regulation is July 1,
2013.
IV. 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
[[Page 59095]]
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 26, 2012. 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, which approves revisions to regulation COMAR
26.11.19.23, 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: August 30, 2012.
W.C. Early,
Acting Regional Administrator, Region III.
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
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1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart V--Maryland
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2. In Sec. 52.1070, the table in paragraph (c) is amended by revising
the entry for COMAR 26.11.19.23 to read as follows:
Sec. 52.1070 Identification of plan.
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(c) * * *
EPA-Approved Regulations, Technical Memoranda, and Statutes in the Maryland SIP
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Code of Maryland administrative State Additional explanation/ citation at
regulations (COMAR) citation Title/subject effective date EPA approval date 40 CFR 52.1100
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26.11.19 Volatile Organic Compounds From Specific Processes
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26.11.19.23....................... Control of VOC 4/16/12 9/26/12 [Insert page number where the Entire regulation revised.
Emissions from document begins].
Vehicle Refinishing.
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[FR Doc. 2012-23572 Filed 9-25-12; 8:45 am]
BILLING CODE 6560-50-P