[Federal Register Volume 65, Number 10 (Friday, January 14, 2000)]
[Rules and Regulations]
[Pages 2334-2336]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-616]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[MD090-3041; FRL-6506-9]
Approval and Promulgation of Air Quality Implementation Plans;
Maryland; Control of VOCs From Paper, Fabric, Vinyl, and Other Plastic
Parts Coating
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is taking direct final action to approve revisions to the
Maryland State Implementation Plan (SIP). The revisions consist of
amendments to Maryland's regulation to control volatile organic
compounds (VOC) from Paper, Fabric, Vinyl, and Other Plastic Parts
Coatings. The regulation was revised to include Reasonable Available
Control Technology (RACT) standards for sources that use flexographic
printing presses to print on plastic (non-vinyl) and to limit the VOC
content for the decorative coating of plastic bottles. EPA is approving
these revisions to the Maryland SIP in accordance with the requirements
of the Clean Air Act.
DATES: This rule is effective on February 28, 2000 without further
notice, unless EPA receives adverse written comment by February 14,
2000. 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: Written comments should be mailed to David L. Arnold, Chief,
Ozone and Mobile Sources Branch, Mailcode 3AP21, U.S. Environmental
Protection Agency, Region III, 1650 Arch Street, Philadelphia,
Pennsylvania 19103. Copies of the documents relevant to this action are
available 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; the Air and
Radiation Docket and Information Center, U.S. Environmental Protection
Agency, 401 M Street, SW, Washington, DC 20460; and Maryland Department
of the Environment, 2500 Broening Highway, Baltimore, Maryland, 21224.
FOR FURTHER INFORMATION CONTACT: Janice M. Lewis, (215) 814-2185, or by
e-mail at lewis.janice@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Summary of the SIP Revisions
On March 11, 1999, the Maryland Department of the Environment (MDE)
submitted amendments to COMAR 26.11.19.07 Paper, Fabric, Vinyl, and
Other Plastic Parts Coatings to EPA for approval as SIP revisions. This
regulation controls VOC emissions from paper, fabric, vinyl, and other
plastic parts coatings operations in Maryland. The first amendment
establishes RACT standards for sources that use flexographic printing
presses to print plastic (non-vinyl) substrates. This amendment was
adopted by Maryland on August 6, 1997, and became effective on
September 8, 1997. The second amendment limits the VOC content for the
decorative coating of plastic bottles. This amendment was adopted by
Maryland on August 4, 1998, and became effective on August 24, 1998. At
the time of this second amendment Maryland also revised the format of
COMAR 26.11.19.07 Paper, Fabric, Vinyl, and Other Plastic Parts
Coatings to present the subject installations, the applicability
thresholds, and the VOC emission standards in a table.
II. EPA's Evaluation of the SIP Revisions
The EPA has determined that these amendments to COMAR 26.11.19.07:
Paper, Fabric, Vinyl, and Other Plastic Parts Coating meet all federal
criteria for approval.
III. Final Action
EPA is approving the amendments to COMAR 26.11.19.07 submitted by
the MDE on March 11, 1999, as revisions to the Maryland SIP.
EPA is publishing this rule without prior proposal because the
Agency views these as noncontroversial amendments and anticipate 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 February 28, 2000 without further
notice unless EPA receives adverse comment by February 14, 2000. 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. Administrative Requirements
A. Executive Order 12866
The Office of Management and Budget (OMB) has exempted this
regulatory action from review under Executive Order 12866, entitled
``Regulatory Planning and Review.''
B. Executive Order 13132
Federalism (64 FR 43255, August 10, 1999) revokes and replaces
Executive Orders 12612 (Federalism) and 12875 (Enhancing the
Intergovernmental Partnership). Executive Order 13132 requires EPA to
develop an accountable process to ensure ``meaningful and timely input
by State and local officials in the development of regulatory policies
that have federalism implications.'' ``Policies that have federalism
implications'' is defined in the Executive Order to include regulations
that 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.'' Under Executive Order 13132, EPA may not issue a
regulation that has federalism implications, that imposes substantial
direct compliance costs, and that is not required by statute, unless
the Federal government provides the funds necessary to pay the direct
compliance costs incurred by State and local governments, or EPA
consults with State and local officials early in the process of
developing the proposed regulation. EPA also may not issue a regulation
that has federalism implications and that preempts State law unless the
Agency consults with State and local officials early in the process of
developing the proposed regulation. This final rule will 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),
because it merely
[[Page 2335]]
approves a state rule implementing a federal standard, and does not
alter the relationship or the distribution of power and
responsibilities established in the Clean Air Act.'' Thus, the
requirements of section 6 of the Executive Order do not apply to this
rule.
C. Executive Order 13045
Executive Order 13045, entitled ``Protection of Children from
Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23,
1997), applies to any rule that the EPA determines (1) Is
``economically significant,'' as defined under Executive Order 12866,
and (2) The environmental health or safety risk addressed by the rule
has a disproportionate effect on children. If the regulatory action
meets both criteria, the Agency must evaluate the environmental health
or safety effects of the planned rule on children and explain why the
planned regulation is preferable to other potentially effective and
reasonably feasible alternatives considered by the Agency. This final
rule is not subject to Executive Order 13045 because it does not
involve decisions intended to mitigate environmental health and safety
risks.
D. Executive Order 13084
Under Executive Order 13084, EPA may not issue a regulation that is
not required by statute, that significantly affects or uniquely affects
the communities of Indian tribal governments, and that imposes
substantial direct compliance costs on those communities, unless the
Federal government provides the funds necessary to pay the direct
compliance costs incurred by the tribal governments. If the mandate is
unfunded, EPA must provide to the Office of Management and Budget, in a
separately identified section of the preamble to the rule, a
description of the extent of EPA's prior consultation with
representatives of affected tribal governments, a summary of the nature
of their concerns, and a statement supporting the need to issue the
regulation. In addition, Executive Order 13084 requires EPA to develop
an effective process permitting elected and other representatives of
Indian tribal governments ``to provide meaningful and timely input in
the development of regulatory policies on matters that significantly or
uniquely affect their communities.'' Today's rule does not
significantly or uniquely affect the communities of Indian tribal
governments. This action does not involve or impose any requirements
that affect Indian Tribes. Accordingly, the requirements of section
3(b) of Executive Order 13084 do not apply to this rule.
E. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) generally requires an agency
to conduct a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements unless the agency certifies
that the rule will not have a significant economic impact on a
substantial number of small entities. Small entities include small
businesses, small not-for-profit enterprises, and small governmental
jurisdictions. This final rule will not have a significant impact on a
substantial number of small entities because SIP approvals under
section 110 and subchapter I, part D of the Clean Air Act do not create
any new requirements but simply approve requirements that the State is
already imposing. Therefore, because the Federal SIP approval does not
create any new requirements, I certify that this action will not have a
significant economic impact on a substantial number of small entities.
Moreover, due to the nature of the Federal-State relationship under the
Clean Air Act, preparation of a flexibility analysis would constitute
Federal inquiry into the economic reasonableness of state action. The
Clean Air Act forbids EPA to base its actions concerning SIPs on such
grounds. Union Electric Co. v. U.S. EPA, 427 U.S. 246, 255-66 (1976);
42 U.S.C. 7410(a)(2).
F. Unfunded Mandates
Under section 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA
must prepare a budgetary impact statement to accompany any proposed or
final rule that includes a Federal mandate that may result in estimated
annual costs to State, local, or tribal governments in the aggregate;
or to private sector, of $100 million or more. Under section 205, EPA
must select the most cost-effective and least burdensome alternative
that achieves the objectives of the rule and is consistent with
statutory requirements. Section 203 requires EPA to establish a plan
for informing and advising any small governments that may be
significantly or uniquely impacted by the rule. EPA has determined that
the approval action promulgated does not include a Federal mandate that
may result in estimated annual costs of $100 million or more to either
State, local, or tribal governments in the aggregate, or to the private
sector. This Federal action approves pre-existing requirements under
State or local law, and imposes no new requirements. Accordingly, no
additional costs to State, local, or tribal governments, or to the
private sector, result from this action.
G. 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).
H. National Technology Transfer and Advancement Act
Section 12 of the National Technology Transfer and Advancement Act
(NTTAA) of 1995 requires Federal agencies to evaluate existing
technical standards when developing a new regulation. To comply with
NTTAA, EPA must consider and use ``voluntary consensus standards''
(VCS) if available and applicable when developing programs and policies
unless doing so would be inconsistent with applicable law or otherwise
impractical. The EPA believes that VCS are inapplicable to this action.
Today's action does not require the public to perform activities
conducive to the use of VCS.
I. 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 March 14, 2000. 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 to approve revisions to Maryland's
regulation to control VOC from Paper, Fabric, Vinyl, and Other Plastic
Parts Coating may not be challenged later in proceedings to enforce its
requirements. (See section 307(b)(2).)
[[Page 2336]]
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Hydrocarbons,
Incorporation by reference.
Thomas C. Voltaggio,
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. Section 52.1070 is amended by adding paragraphs (c)(147) to read
as follows:
Sec. 52.1070 Identification of plan.
* * * * *
(c) * * *
(147) Revisions to the Maryland State Implementation Plan submitted
on March 11, 1999, by the Maryland Department of the Environment:
(i) Incorporation by reference.
(A) Letter of March 11, 1999, from the Maryland Department of the
Environment transmitting revisions to Maryland's State Implementation
Plan, pertaining to Code of Maryland Administrative Regulations (COMAR)
26.11.19. Volatile Organic Compounds from Specific Processes at
26.11.19.07 Paper, Fabric, Vinyl, and Other Plastic Parts Coating.
(B) Revision to COMAR 26.11.19.07: Paper, Fabric, Vinyl, and Other
Plastic Parts Coating to add at COMAR 26.11.19.07 F. ``Emission
Standards for Printing on Plastic Other than Vinyl.'' This revision was
adopted on August 6, 1997, and effective on September 8, 1997.
(C) Revisions to COMAR 26.11.19.07: Paper, Fabric, Vinyl, and Other
Plastic Parts Coating, adopted August 4, 1998, and effective on August
24, 1998, including the following:
(1) Revision to COMAR 26.11.19.07 B. ``Applicability'' at B (1) to
delete previous text describing subject coating and printing operations
and to add new text stating that the regulation applies to any coating
or printing operation that it listed in and has VOC emissions equal to
or greater than the applicability levels in subsection C. (2) and (3)
of this regulation.
(2) Revision to COMAR 26.11.19.07 C. to change the title from
``Emission Standards for Web, Paper, Fabric, and Vinyl Coating'' to
``Emission Standards for Coating or Printing Installations.''
(3) Revision to COMAR 26.11.19.07 C. (1) to delete text which
specified installations by substrates and listed the associated
emission standards, and to add text to refer to the installations and
emission standards found in subsections C. (2) and (3) of this
regulation.
(4) Revision to COMAR 26.11.19.07 to add subsection C. (2) and (3)
to list in tabular format subject installations, applicability
thresholds, and VOC emission standards.
(5) Revision to COMAR 26.11.19.07 to delete subsections E. D. and
F. as their requirements are found in the new simplified table at COMAR
26.11.19.07 C (2) and (3).
(ii) Additional Material--Remainder of March 11, 1999 submittal
pertaining to COMAR 26.11.19.07 Paper, Fabric, Vinyl, and Other Plastic
Parts Coating.
[FR Doc. 00-616 Filed 1-13-00; 8:45 am]
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