Approval and Promulgation of Air Quality Implementation Plans; Maryland; Control of Volatile Organic Compound Emissions From Degreasing Operations and Vehicle Refinishing, and Definition of Motor Vehicle

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MD040-4014a and MD047-4014a; FRL-5867-5]

Approval and Promulgation of Air Quality Implementation Plans;

Maryland; Control of Volatile Organic Compound Emissions From

Degreasing Operations and Vehicle Refinishing, and Definition of Motor

Vehicle

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving State Implementation Plan (SIP) revisions

submitted by the State of Maryland on July 12, 1995 and July 17, 1995.

These revisions establish volatile organic compound emission reduction

requirements for degreasing operations and vehicle refinishing

throughout the State of Maryland, and a definition for the term ``motor

vehicle.'' The intended effect of this action is to approve these

amendments to the Maryland SIP, in accordance with the SIP submittal

and revision provisions of the Act.

DATES: This final rule is effective September 18, 1997 unless within

September 3, 1997 adverse or critical comments are received. If the

effective date is delayed, timely notice will be published in the

Federal Register.

ADDRESSES: Comments may be mailed to David L. Arnold, Chief, Ozone/CO

and Mobile Sources Section, Mailcode 3AT21, U.S. Environmental

Protection Agency, Region III, 841 Chestnut Building, Philadelphia,

Pennsylvania 19107. Copies of the documents relevant to this action are

available for public inspection during normal business hours at the

Air, Radiation, and Toxics Division, U.S. Environmental Protection

Agency, Region III, 841 Chestnut Building, Philadelphia, Pennsylvania

19107 and the Maryland Department of the Environment, 2500 Broening

Highway, Baltimore Maryland 21224.

FOR FURTHER INFORMATION CONTACT: Maria A. Pino, (215) 566-2181, at the

EPA Region III office address listed above, or via e-mail at

[email protected]. While information may be requested via e-

mail, comments must be submitted in writing to the above Region III

address.

SUPPLEMENTARY INFORMATION: On July 12, 1995, the Maryland Department of

the Environment (MDE) submitted new and revised regulations to EPA as

State Implementation Plan (SIP) revisions.

[[Page 41854]]

These regulations control emissions of volatile organic compounds

(VOCs) throughout the state. MDE submitted these SIP revision requests

pursuant to the rate-of-progress (ROP) requirements of section 182 of

the Clean Air Act (the Act). Specifically, Maryland has adopted VOC

control measures for degreasing operations and vehicle refinishing. In

addition, on July 17, 1995, MDE submitted a new definition for the term

``motor vehicle'' to EPA as a SIP revision.

Background

Section 182(b)(1) of the Act requires states with ozone

nonattainment areas classified as moderate or above to reduce VOC

emissions 15% from 1990 baseline levels. States were required to

achieve the 15% VOC emission reduction by 1996. This ROP requirement,

known as the 15% plan, was due to EPA as a SIP revision by November 15,

1993.

In Maryland, 15% plans were required for the Baltimore severe ozone

nonattainment area, the Maryland portion of the Philadelphia severe

ozone nonattainment area, and the Maryland portion of the Washington,

DC serious ozone nonattainment area. Maryland submitted the required

15% plans to EPA as SIP revisions on July 12, 1995. In these 15% plans,

Maryland takes credit for the emission reductions achieved through the

VOC regulations that Maryland submitted as SIP revisions on July 12,

1995, including Maryland's autobody refinishing and degreasing

regulations. Furthermore, the VOC emission reductions achieved by

Maryland's autobody refinishing and degreasing regulations are needed

to achieve the 15% reduction in the Baltimore plan. Therefore, these

two regulations, which control VOC emissions from autobody refinishing

and degreasing operations, must be approved into Maryland's SIP before

EPA can approve the Baltimore 15% plan.

Summary of SIP Revisions

Control of VOC Emissions From Cold and Vapor Degreasing (COMAR

26.11.19.09)

This revision established standards for cold and vapor degreasing

operations. Maryland has repealed its existing degreasing provisions,

COMAR 26.11.19.09 Volatile Organic Compound Metal Cleaning, and

replaced them with these new provisions, COMAR 26.11.19.09 Control of

VOC Emissions from Cold and Vapor Degreasing.

General Provisions

The new regulation applies to a person who uses a VOC degreasing

material in cold or vapor degreasing at service stations, motor vehicle

repair shops, automobile dealerships, machine shops, and any other

metal refinishing, cleaning, repair or fabrication facilities.

Monthly records of the amount of VOC degreasing material used must

be maintained and made available to MDE for inspection upon request.

This regulation established definitions for the following terms:

cold degreasing, degreasing material, grease, halogenated substance,

vapor degreasing, and VOC degreasing material.

Requirements for Cold Degreasers

After May 15, 1996, a person may not use any VOC degreasing

material that has a vapor pressure greater than 1 millimeter of mercury

(mm Hg) at 20 deg. C (0.038 pounds per square inch (psi)). The use of

any halogenated substance that is a VOC is prohibited. The use of good

operating practices is required.

Requirements for Vapor Degreasers

The use of VOC degreasing material is prohibited, unless the vapor

degreaser is equipped with a condenser or a pollution control device

with an overall efficiency of at least 90%. Vapor degreasers must

include separate enclosed chambers that allow drainage of parts being

cleaned, capture of the vapors, or other methods to minimize

evaporative losses.

EPA Evaluation: The requirement to use material with vapor pressure

less than or equal to 1 mm HG for cold degreasing, and the prohibition

of VOC degreasing materials for vapor degreasing, unless add-on control

with 90% overall control efficiency is used, will result in significant

VOC emission reductions. The requirement for good operating practices

will also contribute to VOC emission reductions from this source

category. Furthermore, Maryland's recordkeeping, reporting, and testing

provisions ensure that this regulation is enforceable. Therefore, this

regulation is fully approvable. These reductions are needed for

Maryland's 15% plans.

Control of VOC Emissions From Vehicle Refinishing (COMAR 26.11.19.23)

General Provisions

This new regulation establishes standards for vehicle refinishing

based on VOC content of coatings, as applied. This regulation

establishes definitions for the following terms: base coat/clear coat

system, controlled air spray system, mobile equipment, multistage

coating equipment, precoat, pretreatment, primer sealer, primer

surfacer, specialty coating, topcoat, and vehicle refinishing. This

regulation is applicable to anyone using coatings that contain VOC for

vehicle refinishing, except for a person who coats parts (1) if the

parts are not components of a vehicle at the premises where vehicle

refinishing is being performed or (2) at an automobile assembly plant.

Emission Standards

The following coating standards apply to the coating as used at the

coating equipment, where lb/gal is pounds per gallon and kg/l is

kilograms per liter.

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Maximum VOC content on or after

Coating type April 15, 1996

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Pretreatment...................... 6.5 lb/gal (0.78 kg/l).

Precoat........................... 5.5 lb/gal (0.66 kg/l).

Primer surfacer................... 5.8 lb/gal (0.46 kg/l).

Primer sealer..................... 4.6 lb/gal (0.55 kg/l).

Topcoat........................... 5.0 lb/gal (0.60 kg/l).

Multi-stage coating system........ 5.2 lb/gal (0.63 kg/l).

Specialty coating................. 7.0 lb/gal (0.84 kg/l).

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Compliance Standards

The regulation establishes methods for calculating the VOC content

of a coating system, to determine compliance with the standards listed

above.

The use of speciality coatings is limited to 5% by volume of all

coatings used at a premises, calculated on a monthly basis.

The use of a controlled air spray system is required. Maryland

defines controlled air spray systems as either high volume, low

pressure (HVLP) or low volume, low pressure (LVLP) systems. The

equipment must be operated in accordance with the equipment

manufacturers' recommendations and in a manner that minimizes emissions

of VOC to the atmosphere.

Cleanup and housekeeping provisions require that surface

preparation and cleanup materials containing VOC, and VOC-contaminated

cloth and paper must be stored in closed containers. Enclosed

containers or VOC-recycling equipment must be used to clean paint guns

and paint lines. The VOC content of preparation materials is limited to

6.5 lb/gal for plastic parts preparation and 1.4 lb/gal for all other

preparation.

Monthly records of the total volume and VOC content of all coatings

purchased (for which standards are specified in this regulation),

cleanup materials and surface preparation materials must be maintained

for at least

[[Page 41855]]

2 years and made available to MDE for inspection upon request.

EPA Evaluation: The coating standards in Maryland's autobody

refinishing regulation limit the content of VOC in coatings, thereby

reducing VOC emissions from the application of these coatings. In

addition, limits on the use of speciality coatings; limits on the VOC

content of surface preparation materials; clean-up and ``housekeeping''

provisions; and the requirement to use a controlled air spray system

will further reduce emissions from this source category. Finally,

Maryland's recordkeeping, reporting, and testing provisions ensure that

this regulation is enforceable. Therefore, this regulation, which will

achieve significant VOC emission reductions from the autobody

refinishers in Maryland, is fully approvable. These reductions are

needed for Maryland's 15% plans.

Definition of the Term ``Motor Vehicle'' (COMAR 26.11.01.01B(20-I) and

26.11.24.01B(9-I))

These new provisions establish a definition for the term ``motor

vehicle'' in Maryland's general definitions, COMAR 26.11.01.01B, and in

Maryland's stage II vapor recovery regulation, COMAR 26.11.24. Maryland

has defined the term ``motor vehicle'' as ``a vehicle registered with

the Maryland Motor Vehicle Administration or the equivalent agency of

another state.''

EPA Evaluation: These new provisions serve to strengthen Maryland's

stage II vapor recovery regulation by clarifying the applicability and

exemptions of that regulation. Because this added definition will

clarify a regulation in Maryland's SIP, it is approvable.

EPA is approving these SIP revisions without prior proposal because

the Agency views this as a noncontroversial amendment and anticipates

no adverse comments. However, in a separate document in this Federal

Register publication, EPA is proposing to approve the SIP revisions

should adverse or critical comments be filed. This action will be

effective September 18, 1997 unless, by September 3, 1997 adverse or

critical comments are received.

If EPA receives such comments, this action will be withdrawn before

the effective date by publishing a subsequent document that will

withdraw the final action. All public comments received will then be

addressed in a subsequent final rule based on this action serving as a

proposed rule. EPA will not institute a second comment period on this

action. Any parties interested in commenting on this action should do

so at this time. If no such comments are received, the public is

advised that this action will be effective on September 18, 1997.

Final Action

EPA is approving revisions to the Maryland SIP to establish VOC

control requirements for autobody refinishing and degreasing

operations. These regulations achieve fully enforceable VOC emission

reductions. EPA is also approving a definition for the term ``motor

vehicle'' as an addition to the Maryland SIP.

Nothing in this action should be construed as permitting or

allowing or establishing a precedent for any future request for

revision to any state implementation plan. Each request for revision to

the state implementation plan shall be considered separately in light

of specific technical, economic, and environmental factors and in

relation to relevant statutory and regulatory requirements.

Administrative Requirements

A. Executive Order 12866

The Office of Management and Budget (OMB) has exempted this

regulatory action from E.O. 12866 review.

B. Regulatory Flexibility Act

Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA

must prepare a regulatory flexibility analysis assessing the impact of

any proposed or final rule on small entities. 5 U.S.C. 603 and 604.

Alternatively, EPA may certify that the rule will not have a

significant impact on a substantial number of small entities. Small

entities include small businesses, small not-for-profit enterprises,

and government entities with jurisdiction over populations of less than

50,000.

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 impose any new requirements, the Regional

Administrator certifies that it does not have a significant impact on

any small entities affected. Moreover, due to the nature of the

Federal-State relationship under the CAA, 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).

C. 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

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 proposed/promulgated

does not include a Federal mandate that may result in estimated 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.

D. Submission to Congress and the General Accounting Office

Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business

Regulatory Enforcement Fairness Act of 1996, EPA submitted 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

General Accounting Office prior to publication of the rule in today's

Federal Register. This rule is not a ``major rule'' as defined by 5

U.S.C. 804(2).

E. Petitions for Judicial Review

Under section 307(b)(1) of the Clean Air Act, petitions for

judicial review of this action, pertaining to revisions to the Maryland

SIP establishing a definition for the term ``motor vehicle'' and

establishing VOC control requirements for autobody refinishing and

degreasing operations, must be filed in the United States Court of

Appeals for the appropriate circuit by October 3, 1997. Filing a

petition for reconsideration by the Regional 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

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effectiveness of such rule or action. This action 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: July 22, 1997.

Thomas 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. 7401-7671q.

Subpart V--Maryland

2. Section 52.1070 is amended by adding paragraphs (c)(122), (123),

and (124) to read as follows:

Sec. 52.1070 Identification of plan.

* * * * *

(c) * * *

(122) Revisions to the Maryland State Implementation Plan submitted

on July 17, 1995 by the Maryland Department of the Environment:

(i) Incorporation by reference.

(A) Letter of July 17, 1995 from the Maryland Department of the

Environment transmitting additions to Maryland's State Implementation

Plan, pertaining to volatile organic compound regulations in Maryland's

air quality regulations, COMAR 26.11.

(B) Addition of new COMAR 26.11.01.01B(20-I) and new COMAR

26.11.24.01B(9-I), definition of the term ``motor vehicle,'' adopted by

the Secretary of the Environment on April 7, 1995, and effective on May

8, 1995.

(ii) Additional material.

(A) Remainder of July 17, 1995 Maryland State submittal pertaining

to COMAR 26.11.01.01B(20-I) and COMAR 26.11.24.01B(9-I), definition of

the term ``motor vehicle.''

(123) Revisions to the Maryland State Implementation Plan submitted

on July 12, 1995 by the Maryland Department of the Environment:

(i) Incorporation by reference.

(A) Letter of July 12, 1995 from the Maryland Department of the

Environment transmitting additions and deletions to Maryland's State

Implementation Plan, pertaining to volatile organic compound

regulations in Maryland's air quality regulations, Code of Maryland

Administrative Regulations (COMAR) 26.11.

(B) Deletion of old COMAR 26.11.19.09 Volatile Organic Compound

Metal Cleaning (entire regulation).

(C) Addition of new COMAR 26.11.19.09 Control of VOC Emissions from

Cold and Vapor Degreasing, adopted by the Secretary of the Environment

on May 12, 1995, and effective on June 5, 1995, including the

following:

(1) Addition of new COMAR 26.11.19.09.A Definitions.

(2) Addition of new COMAR 26.11.19.09.B Terms Defined, including

definitions for the terms ``cold degreasing,'' ``degreasing material,''

``grease,'' ``halogenated substance,'' ``vapor degreasing,'' and ``VOC

degreasing material.''

(3) Addition of new COMAR 26.11.19.09.C Applicability.

(4) Addition of new COMAR 26.11.19.09.D Requirements.

(5) Addition of new COMAR 26.11.19.09.E Specifications for Cold

Degreasing and Requirements for Vapor Degreasing.

(6) Addition of new COMAR 26.11.19.09.F. Records.

(ii) Additional material.

(A) Remainder of July 12, 1995 Maryland State submittal pertaining

to COMAR 26.11.19.09 Control of VOC Emissions from Cold and Vapor

Degreasing.

(124) Revisions to the Maryland State Implementation Plan submitted

on July 12, 1995 by the Maryland Department of the Environment:

(i) Incorporation by reference.

(A) Letter of July 12, 1995 from the Maryland Department of the

Environment transmitting additions to Maryland's State Implementation

Plan, pertaining to volatile organic compound regulations in Maryland's

air quality regulations, Code of Maryland Administrative Regulations

(COMAR) 26.11.

(B) Addition of new COMAR 26.11.19.23 Control of VOC Emissions from

Vehicle Refinishing, adopted by the Secretary of the Environment on May

1, 1995, and effective on May 22, 1995, including the following:

(1) Addition of new COMAR 26.11.19.23A Definitions, including

definitions for the terms ``base coat/clear coat system,'' ``controlled

air spray system,'' ``mobile equipment,'' ``multistage coating

equipment,'' ``precoat,'' ``pretreatment,'' ``primer sealer,'' ``primer

surfacer,'' ``specialty coating,'' ``topcoat,'' and ``vehicle

refinishing.''

(2) Addition of new COMAR 26.11.19.23B. Applicability and

Exemptions.

(3) Addition of new COMAR 26.11.19.23C. Coating Standards and

General Conditions.

(4) Addition of new COMAR 26.11.19.23D. Calculations.

(5) Addition of new COMAR 26.11.19.23E. Requirements for Specialty

Coatings.

(6) Addition of new COMAR 26.11.19.23F. Coating Application

Equipment Requirements.

(7) Addition of new COMAR 26.11.19.23G. Cleanup and Surface

Preparation Requirements

(8) Addition of new COMAR 26.11.19.23H. Monitoring and Records.

(ii) Additional material.

(A) Remainder of July 12, 1995 Maryland State submittal pertaining

to COMAR 26.11.19.23 Vehicle Refinishing.

[FR Doc. 97-20471 Filed 8-1-97; 8:45 am]

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