Federal Register: August 19, 1999 (Volume 64, Number 160)Rules and RegulationsPage 45182-45184From the Federal Register Online via GPO Access [wais.access.gpo.gov]

DOCID:fr19au99-10

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

MD077a-3034; FRL-6419-1Approval 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.

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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 filedin 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. 99-21158Filed8-18-99; 8:45 amBILLING CODE 6560-50-P