Approval and Promulgation of Air Quality Implementation Plans; Maryland; Control of VOCs From Paper, Fabric, Vinyl, and Other Plastic Parts Coating

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 [email protected].

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

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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).)

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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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