[Federal Register Volume 64, Number 160 (Thursday, August 19, 1999)]
[Rules and Regulations]
[Pages 45182-45184]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-21158]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[MD077a-3034; FRL-6419-1]
Approval and Promulgation of Air Quality Implementation Plans;
Maryland; Control of VOC Emissions From Reinforced Plastics
Manufacturing
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is taking direct final action to approve a revision to the
Maryland State Implementation Plan (SIP). The revision establishes and
requires reasonably available control technology (RACT) for volatile
organic compound (VOC) emissions from reinforced plastic manufacturing.
EPA is approving the addition of a new subsection to COMAR 26.11.19
``Volatile Organic Compounds from Specific Processes Control'' as a
revision to the Maryland SIP in accordance with the requirements to the
Clean Air Act.
DATES: This rule is effective October 18, 1999 without further notice,
unless EPA receives adverse written comment by September 20, 1999. If
EPA receive 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 Walter Wilkie, Acting
Chief, Technical Assessment Branch, Mailcode 3AP22, 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, D.C. 20460; Maryland Department
of the Environment, 2500 Broening Highway, Baltimore Maryland 21224.
[[Page 45183]]
FOR FURTHER INFORMATION CONTACT: Walter Wilkie at (215) 814-2150, or by
e-mail at wilkie.walter@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On August 28, 1998, the State of Maryland submitted a formal
revision to its State Implementation Plan (SIP). The SIP revision
consists of amendments to COMAR 26.11.19, ``Volatile Organic Compounds
from Specific Processes.'' The purpose of the amendments to COMAR
26.11.19 is to establish VOC emission control requirements on sources
that manufacture reinforced plastics. The revision was submitted to
satisfy requirements of section 182 and 184 of the Clean Air Act to
implement reasonably available control technology (RACT) on major
sources of VOC.
II. Summary of the SIP Revision
This SIP revision includes the addition of new subsection .26
``Control of Volatile Organic Compound Emissions from Reinforced
Plastic Manufacturing'' to COMAR 26.11.19 ``Volatile Organic Compound
from Specific Processes.'' COMAR 26.11.19.26 establishes RACT
requirements for VOC emissions from reinforced plastic manufacturing
operations. COMAR 26.11.19.26 applies statewide. The regulation applies
to reinforced plastic manufacturing operations at premises where the
total actual VOC emissions from all reinforced plastics manufacturing
including tooling, touch up and repair is 20 or more pounds per day.
The regulation requires the use of low styrene resins. A low styrene
resin is defined as a polyester resin with a monomer content of 35
percent or less by weight. The regulation provides an exemption for
users of specialty resins. The user of a specialty resin is prohibited
from using speciality resins with a styrene content exceeding 50
percent by weight. The higher styrene content is allowed for specialty
resins used in special applications involving more stringent
specifications such as: higher tensile strength, corrosion resistance,
gel coats and fire retardation. The regulation also requires that
subject sources with emissions of 100 pounds per day or more use an
improved application method such as airless or air assisted spray guns,
low pressure nozzles, pressure fed rollers or flow coaters, or some
other nonatomized resin application technique.
EPA has determined that the control requirements of COMAR
26.11.19.26 constitute an acceptable level of RACT to control VOCs from
reinforced plastics manufacturing . EPA is publishing this rule without
prior proposal because the Agency views this as a noncontroversial
amendment and anticipates no adverse comments. 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 Maryland SIP revision should adverse comments be filed.
This rule will be effective on October 18, 1999 without further notice
unless the Agency receives adverse comments by September 20, 1999. If
EPA receives comments, 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 should do
so at this time.
II. Final Action
EPA is approving the SIP revision to add subsection .26 ``Control
of Volatile Organic Compound Emissions from Reinforced Plastics
Manufacturing'' to COMAR 26.11.19 submitted by the State of Maryland on
August 28, 1998.
III. Administrative Requirements
A. Executive Orders 12866
The Office of Management and Budget (OMB) has exempted this
regulatory action from review under E.O. 12866, entitled ``Regulatory
Planning and Review.''
B. Executive Order 12875
Under E.O. 12875, EPA may not issue a regulation that is not
required by statute and that creates a mandate upon a state, local, or
tribal government, unless the Federal government provides the funds
necessary to pay the direct compliance costs incurred by those
governments. If EPA complies by consulting, E.O. requires EPA to
provide to the Office of Management and Budget a description of the
extent of EPA's prior consultation with representatives of affected
state, local, and tribal governments, the nature of their concerns,
copies of written communications from the governments, and a statement
supporting the need to issue the regulation. In addition, E.O. 12875
requires EPA to develop an effective process permitting elected
officials and other representatives of state, local, and tribal
governments ``to provide meaningful and timely input in the development
of regulatory proposals containing significant unfunded mandates.''
Today's rule does not create a mandate on state, local or tribal
governments. The rule does not impose any enforceable duties on these
entities. Accordingly, the requirements of section 1(a) of E.O. 12875
do not apply to this rule.
C. Executive Order 13045
E.O. 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 E.O. 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 E.O. 13045 because it is not an
economically significant regulatory action as defined by E.O. 12866,
and it does not address an environmental health or safety risk that
would have a disproportionate effect on children.
D. Executive Order 13084
Under E.O. 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 EPA complies by
consulting, Executive Order 13084 requires EPA to 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
[[Page 45184]]
requirements of section 3(b) of E.O. 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. 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 October 18, 1999. 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 approving RACT for the control of VOC
emissions from reinforced plastics manufacturing under the Maryland 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, Hydrocarbons,
Incorporation by reference, Ozone, Reporting and recordkeeping
requirements.
Dated: August 2, 1999.
W. Michael McCabe,
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)(139) to read
as follows:
Sec. 52.1070 Identification of plan.
* * * * *
(c) * * *
(139) Revisions to the Maryland State Implementation Plan,
submitted on August 28, 1998, by the Maryland Department of the
Environment.
(i) Incorporation by reference.
(A) Letter of August 28, 1998, from the Maryland Department of the
Environment transmitting additions to Code of Maryland Administrative
Regulations (COMAR) 26.11.19 Volatile Orgranic Compounds from Specific
Processes.
(B) Addition of COMAR 26.11.19.26 Control of Volatile Organic
Compounds from Reinforced Plastic Manufacturing, effective August 11,
1997.
(ii) Additional Material: Remainder of August 28, 1998, State
submittal pertaining to the addition of COMAR 26.11.19.26 Control of
Volatile Organic Compounds from Reinforced Plastic Manufacturing to
COMAR 26.11.19 Volatile Organic Compounds from Specific Processes.
[FR Doc. 99-21158 Filed 8-18-99; 8:45 am]
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