Approval and Promulgation of Air Quality Implementation Plans; Maryland; Maryland's Negative Declaration for the Automobile and Light-Duty Truck Assembly Coatings Control Techniques Guidelines

Shawn M. Garvin
Environmental Protection Agency
December 11, 2015

[Federal Register Volume 80, Number 238 (Friday, December 11, 2015)]
[Rules and Regulations]
[Pages 76861-76863]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-31203]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2015-0530; FRL-9939-99-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; Maryland's Negative Declaration for the Automobile and Light-
Duty Truck Assembly Coatings Control Techniques Guidelines

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. 
This revision pertains to a negative declaration for the Automobile and 
Light-Duty Truck Assembly Coatings Control Techniques Guidelines (CTG). 
EPA is approving this revision in accordance with the requirements of 
the Clean Air Act (CAA).

DATES: This final rule is effective on January 11, 2016.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2015-0530. 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 through www.regulations.gov or may be viewed 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: Irene Shandruk, (215) 814-2166, or by 
email at shandruk.irene@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background

    Section 172(c)(1) of the CAA provides that SIPs for nonattainment 
areas must include reasonably available control measures (RACM), 
including reasonably available control technology (RACT), for sources 
of emissions. Section 182(b)(2)(A) provides that for certain ozone 
nonattainment areas, states must revise their SIP to include RACT for 
sources of volatile organic compound (VOC) emissions covered by a CTG 
document issued after November 15, 1990 and prior to the area's date of 
attainment. EPA defines RACT as ``the lowest emission limitation that a 
particular source is capable of meeting by the application of control 
technology that is reasonably available considering technological and 
economic feasibility.'' 44 FR 53761 (September 17, 1979).
    CTGs are documents issued by EPA intended to provide state and 
local air pollution control authorities information to assist them in 
determining RACT for VOCs from various sources. Section 183(e)(3)(c) 
provides that EPA may issue a CTG in lieu of a national regulation as 
RACT for a product category where EPA determines that the CTG will be 
substantially as effective as regulations in reducing emissions of 
VOCs, which contribute to ozone levels, in ozone nonattainment areas. 
The recommendations in the CTG are based upon available data and 
information and may not apply to a particular situation based upon the 
circumstances.
    In 1977, EPA published a CTG for automobile and light-duty truck 
assembly coatings. After reviewing the 1977 CTG for this industry, 
conducting a review of currently existing state and local VOC emission 
reduction approaches for this industry, and taking into account any 
information that has become available since then, EPA developed a new 
CTG entitled Control Techniques Guidelines for Automobile and Light-
duty Assembly Coatings (Publication No. EPA 453/R-08-006; September 
2008).
    States can follow the CTG and adopt state regulations to implement 
the recommendations contained therein. Alternatively, states can adopt 
a negative declaration documenting that there are no sources or 
emitting facilities within the state to which the CTG is applicable. 
The negative declaration must go through the same public review process 
as any other SIP submittal.

II. Summary of SIP Revision

    On July 15, 2015, EPA received from the Maryland Department of the 
Environment (MDE) a SIP revision (#15-03), dated June 25, 2015, 
concerning a negative declaration for the Automobile and Light-Duty 
Truck Assembly Coatings CTG. MDE stated that the state previously had 
one source to which this CTG was applicable;

[[Page 76862]]

however, the source had permanently shut down and dismantled all their 
equipment as of September 2005. EPA reviewed an inspection report 
provided by MDE indicating that the sole source to which this CTG would 
have been applicable did indeed permanently shut down in 2005. 
Additionally, EPA conducted an internet search of key terms relevant to 
the Automobile and Light-Duty Truck Assembly Coatings CTG and confirmed 
that there are no sources or emitting facilities in the State of 
Maryland to which this CTG is applicable. On October 6, 2015 (80 FR 
60318), EPA published a notice of proposed rulemaking (NPR) for the 
State of Maryland proposing approval of the negative declaration for 
the Automobile and Light-Duty Truck Assembly Coatings CTG. No public 
comments were received on the NPR.

III. Final Action

    EPA is approving the Maryland SIP revision concerning the negative 
declaration for the Automobile and Light-Duty Truck Assembly Coatings 
CTG, which was submitted on June 25, 2015, as a revision to the 
Maryland SIP in accordance with sections 172 (c), 182 (b), and 183 (e) 
of the CAA.

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 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 February 9, 2016. 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 concerning Maryland's negative declaration for the 
Automobile and Light-Duty Truck Assembly Coatings CTG 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, Nitrogen dioxide, Ozone, Volatile organic compounds.

    Dated: November 25, 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

    In Sec.  52.1070, the table in paragraph (e) is amended by adding 
the entry, ``Negative Declaration for the Automobile and Light-Duty 
Truck Assembly Coatings CTG,'' at the end of the table to read as 
follows:


Sec.  52.1070  Identification of plan.

* * * * *
    (e)* * *

[[Page 76863]]



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  Name of non-regulatory  SIP       Applicable          State                                    Additional
           revision              geographic area   submittal  date    EPA Approval date         explanation
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                                                  * * * * * * *
Negative Declaration for the    Statewide........         6/25/15   12/11/15 [Insert
 Automobile and Light-Duty                                           Federal Register
 Truck Assembly Coatings CTG.                                        citation].
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[FR Doc. 2015-31203 Filed 12-10-15; 8:45 am]
 BILLING CODE 6560-50-P