Approval and Promulgation of Air Quality Implementation Plans; Maryland; Control of VOC Emissions From Reinforced Plastics Manufacturing

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.

-----------------------------------------------------------------------

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 [email protected].

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]

BILLING CODE 6560-50-P