[Federal Register Volume 77, Number 205 (Tuesday, October 23, 2012)]
[Proposed Rules]
[Pages 64787-64789]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-25556]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2012-0610; FRL-9741-7]
Approval and Promulgation of Air Quality Implementation Plans;
Maryland; Reasonably Available Control Technology Requirements for
Volatile Organic Compounds
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing to approve State Implementation Plan (SIP)
revisions submitted by the State of Maryland. These revisions pertain
to the adoption of various test methods, calculations methods, work
practice standards and exemptions which make Maryland Department of the
Environment (MDE) regulations more consistent with the EPA's Control
Techniques Guidelines (CTGs) for seven source categories. These
categories are: Paper, film, and foil coatings; industrial cleaning
solvents; miscellaneous metal and plastic parts coatings; large
appliance coatings; offset lithographic printing and letterpress
printing; flat wood paneling coatings and flexible package printing.
This action is being taken under the Clean Air Act (CAA).
DATES: Written comments must be received on or before November 23,
2012.
[[Page 64788]]
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2012-0610 by one of the following methods:
A. www.regulations.gov. Follow the on-line instructions for
submitting comments.
B. Email: [email protected].
C. Mail: EPA-R03-OAR-2012-0610, Donna Mastro, Acting Associate
Director, Office of Air Program Planning, Mailcode 3AP30, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
D. Hand Delivery: At the previously-listed EPA Region III address.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2012-0610. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or email. The
www.regulations.gov Web site is an ``anonymous access'' system, which
means EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an email comment
directly to EPA without going through www.regulations.gov, your email
address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
Docket: All documents in the electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in www.regulations.gov or
in hard copy during normal business hours at the Air Protection
Division, U.S. Environmental Protection Agency, Region III, 1650 Arch
Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal
are available at the Maryland Department of the Environment, 1800
Washington Boulevard, Suite 705, Baltimore, Maryland 21230.
FOR FURTHER INFORMATION CONTACT: Jacqueline Lewis, (215) 814-2037, or
by email at [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
I. Background
The Clean Air Act (CAA) section 172(c)(1) provides that SIPs for
nonattainment areas must include ``reasonably available control
measures'' (RACM), including ``reasonably available control technology
'' (RACT), for sources of emissions. Section 182(b)(2)(A) of the CAA
provides that for certain nonattainment areas, states must revise their
SIPs to include RACT for sources of volatile organic compounds (VOC)
emissions covered by a CTG document issued after November 15, 1990 and
prior to the area's date of attainment.
EPA develops CTGs as guidance on control requirements for specific
source categories. The CTGs are intended to provide state and local air
pollution control authorities information that should assist them in
determining RACT for VOC. The State of Maryland through MDE submitted
revisions to its SIP to address the following RACT source categories:
(1) Paper, film, and foil coatings; (2) industrial cleaning solvents;
(3) miscellaneous metal and plastic parts coatings; (4) large appliance
coatings; (5) offset lithographic printing and letterpress printing;
(6) flat wood paneling coatings; and (7) flexible package printing.
In 1977, 1978, 1993 and 1994, EPA developed CTGs for all the source
categories listed above, and in 2006, 2007 and 2008, EPA developed new
CTGs for these source categories after conducting a review of existing
state and local VOC emission reduction approaches for these industries,
reviewing the original CTGs, and taking into account the information
that has become available since original development. EPA's new CTGs
are entitled Control Techniques Guidelines for Paper, Film, and Foil
Coatings (EPA 453/R-07-003, September 2007), Control Techniques
Guidelines: Industrial Cleaning Solvents (EPA 453/R-06-001, September
2006), Control Techniques Guidelines for Miscellaneous Metal and
Plastic Parts Coatings (EPA-453/R-08-003, September 2008), Control
Techniques Guidelines for Large Appliance Coatings (EPA 453/R-07-004,
September 2007), Control Techniques Guidelines for Offset Lithographic
Printing and Letterpress Printing (EPA-453/R-06-002, September 2006),
Control Techniques Guidelines for Flat Wood Paneling Coatings (EPA 453/
R-06-004, September 2006), and Control Techniques Guidelines for
Flexible Package Printing (EPA 453/R-06-003, September 2006). These new
CTGs include new general requirements along with testing, work
practice, and recordkeeping requirements.
II. Summary of SIP Revision
On April 5, 2012, EPA received a SIP revision from MDE which
addressed sources of VOC emissions covered by EPA's CTGs for the seven
source categories identified above and which includes amendments to
COMAR 26.11.01.04 and COMAR 26.11.19.02.
A. Amendments to Regulation .04 Testing and Monitoring Under COMAR
26.11.01 General Administrative Provisions
The new amendments to COMAR 26.11.01.04C provide updated provisions
for the test methods that are referenced under COMAR 26.11.19.02D.
These amendments incorporate by reference federal methods under Section
C (Emissions Test Methods) and include: (1) 40 CFR Part 60, Appendix A,
as amended; (2) MDE's Technical Memorandum 91-01, ``Test Methods and
Equipment Specifications for Stationary Sources,'' January 1991, as
amended through Supplement 3 (October 1, 1997); and (3) for course
particulate matter (PM10) stack tests (a) Test Methods 201 A
and 202 in 40 CFR Part 51, Appendix M, as amended; (b) Test Method 5
(40 CFR Part 60, Appendix A, as amended) and Test Method 202 in 40 CFR
Part 51, Appendix M, as amended; (c) Test Method 5 (40 CFR Part 60,
Appendix A, as amended) using front half and back half procedure; (d)
EPA Conditional Test Method 39 as a substitute for Test Method 202 in
40 CFR Part 51, Appendix M, as amended; or (e) Alternative test methods
for PM10 if they are approved by MDE and the EPA.
[[Page 64789]]
B. Amendments to Regulation .02 Applicability, Determining Compliance,
Reporting and General Requirements Under COMAR 26.11.19 Volatile
Organic Compounds from Specific Processes
The amendments to COMAR 26.11.19.02(D), (E), and (I) apply to
sources covered by the CTG categories and other regulations covered
under COMAR 26.11.19 involving testing, cleaning solutions, solvents,
or degreasing materials. These amendments make the requirements more
consistent with EPA's CTG guidance for alternative test methods,
calculation methods, and work practice standards.
COMAR 26.11.19.02(D) (Test Methods) establishes methods, procedures
and requirements for the alternative testing of control devices. The
revision amends COMAR 26.11.19.02(D)(2) by requiring sources that use
air pollution control equipment to comply with the requirements of
COMAR 26.11.19 make the determination in accordance with COMAR
26.11.01.04(C). The revision also adds COMAR 26.11.19.02(D)(3)
requiring MDE and EPA approval if a source chooses to determine
compliance using alternative test methods.
COMAR 26.11.19.02(E) (Computations) establishes methods, procedures
and requirements for calculations needed to determine compliance with
regulations covered under COMAR 26.11.19. The addition of COMAR
26.11.19.02(E)(3) establishes the method required to determine
composite vapor pressure of solvent cleaning material. The addition of
COMAR 26.11.19.02(E)(4) establishes the method to determine mass VOC to
mass solids applied for coatings, adhesives, or inks. The addition of
COMAR 26.11.19.02(E)(5) establishes the method to determine the weight
of VOC in units of weight VOC per weight coating applied for coatings,
adhesives, or inks.
The amendment to COMAR 26.11.19.02(G) (Control of Major Stationary
Sources of Volatile Organic Compounds) exempts additional VOC RACT
regulations that had not been adopted since 1991. The regulation now
exempts major stationary sources that are subject to COMAR 26.11.10,
COMAR 26.11.11, COMAR 26.11.13, COMAR 26.11.14, and COMAR
26.11.19.03-.33.
COMAR 26.11.19.02(I) (Good Operating Practices, Equipment Cleanup,
and VOC Storage) adds additional work practice requirements for the
handling of cleaning material. This revision adds three additional good
operating practice requirements to the previous five requirements under
COMAR 26.11.19.02(I)(2)(b). They include minimizing spills of VOC-
containing cleaning materials, minimizing VOC emissions from cleaning
of storage, mixing, and conveying equipment and also requiring closed
containers or pipelines be used to transport VOC-containing cleaning
materials from one location to another.
A detailed summary of EPA's review and rationale for proposing to
approve this SIP revision may be found in the Technical Support
Document (TSD) for this action which is available on line at http://www.regulations.gov, Docket number EPA-R03-OAR-2012-0610.
III. Proposed Action
EPA is proposing to approve Maryland's SIP revision submitted April
5, 2012, amending Regulation .04 Testing and Monitoring under COMAR
26.11.01 General Administrative Provisions and Regulation .02
Applicability, Determining Compliance, Reporting and General
Requirements under COMAR 26.11.19 Volatile Organic Compounds from
Specific Processes for adoption of various test methods, calculations
methods, work practice standards, and exemptions in accordance with
CTGs for VOC RACT. EPA is soliciting public comments on the issues
discussed in this document. These comments will be considered before
taking final action.
IV. Statutory and Executive Order
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely proposes to approve state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this proposed action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this proposed rule concerning Maryland's adoption of
various test methods, calculations methods, work practice standards and
exemptions in accordance with CTGs for VOC RACT does not have tribal
implications as specified by Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is not approved to apply in Indian
country located in the state, and EPA notes that it will not impose
substantial direct costs on tribal governments or preempt tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: October 02, 2012.
W.C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2012-25556 Filed 10-22-12; 8:45 am]
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