[Federal Register Volume 64, Number 208 (Thursday, October 28, 1999)]
[Rules and Regulations]
[Pages 57989-57991]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-27201]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[MD093-3040; FRL-6460-1]
Approval and Promulgation of Air Quality Implementation Plans;
Maryland; VOCs from Paint, Resin and Adhesive Manufacturing and
Adhesive Application
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is taking direct final action on two revisions to the
Maryland State Implementation Plan (SIP). The revisions consist of
amendments to Maryland's regulation to control volatile organic
compounds (VOC) from Paint, Resin & Adhesive manufacturing and Adhesive
Application. The first revision amends Maryland's definition of
``honeycomb core installation'' to include additional substrates. The
second revision clarifies the general emission standard for VOCs from
adhesive applications. EPA is approving these revisions to in
accordance with the requirements of the Clean Air Act.
DATES: This rule is effective on December 13, 1999 without further
notice, unless EPA receives adverse written comment by November 29,
1999. 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 Lewis.J[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
A. Summary of the SIP Revisions
On April 12, 1999, the Maryland Department of the Environment (MDE)
submitted two revisions to its State Implementation Plan (SIP). The
first SIP revision amends the definition of ``Honeycomb core
installation'' found at COMAR 26.11.19.15A(2) so that it includes other
substrates in addition to metal foil. This revision was adopted by
Maryland on March 2, 1999 and has been effective in the State as of
March 22, 1999. The second SIP revision clarifies the applicability of
the General Emission Standard for adhesive applications found at COMAR
26.11.19.15C(4). The intent of this regulation is to require the VOC
content of the adhesives to be limited to 3.8 pounds per gallon if the
total plantwide VOC emissions from all adhesive applications exceeds 50
pounds per day.
B. EPA's Evaluation of the SIP Revisions
The EPA has determined that these amendments to COMAR 26.11.19.15:
Paint, Resin, and Adhesive Manufacturing and Adhesive Application meet
all federal criteria for approval.
II. Final Action
EPA is approving the amendments to COMAR 26.11.19.15 submitted by
the MDE on April 12, 1999 as revisions to the Maryland SIP.
EPA is publishing this rule without prior proposal because the
Agency views these as noncontroversial amendments and anticipates 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 December 13, 1999 without further
notice unless EPA receives
[[Page 57990]]
adverse comment by November 29, 1999. 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.
III. Administrative Requirements
A. Executive Order 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 Orders on Federalism
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. On August 4, 1999, President Clinton issued
a new executive order on federalism, Executive Order 13132 [64 FR 43255
(August 10, 1999)] which will take effect on November 2, 1999. In the
interim, the current Executive Order 12612, [52 FR 41685 (October 30,
1987),] on federalism still applies. This rule will not have a
substantial direct effect on 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 12612. The rule affects only one State, and does not
alter the relationship or the distribution of power and
responsibilities established in the Clean Air Act.
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
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
[[Page 57991]]
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 December 27, 1999. Filing a
petition for reconsideration by the Administrator of this final rule
approving two revisions to Maryland's regulations for controlling VOCs
from adhesives applications 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 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, Incorporation by
reference, Intergovernmental relations, Ozone, Reporting and
recordkeeping requirements.
Dated: September 30, 1999.
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 paragraph (c)(145) to read
as follows:
Sec. 52.1070 Identification of plan.
* * * * *
(c) * * *
(145) Revisions to the Maryland State Implementation Plan submitted
on April 12, 1999, by the Maryland Department of the Environment:
(i) Incorporation by reference.
(A) Letter of April 12, 1999, from the Maryland Department of the
Environment transmitting revisions to Maryland's State Implementation
Plan, pertaining to Regulation .15 under Code of Maryland
Administrative Regulations (COMAR) 26.11.19 Volatile Organic Compounds
from Specific Processes.
(B) Revision to COMAR 26.11.19.15: Paint, Resin, and Adhesive
Manufacturing and Adhesive Application amending the definition found at
COMAR 26.11.19.15 A(2) of the term ``honeycomb core installation'' to
include other substrates. This revision was adopted on March 2, 1999
and effective on March 22, 1999.
(C) Revision to COMAR 26.11.19.15: Paint, Resin, and Adhesive
Manufacturing and Adhesive Application clarifying the applicability of
COMAR 26.11.19.15.C(4) General Emission Standard. This revision was
adopted on April 9, 1998 and effective on May 4, 1998.
(ii) Additional Material--Remainder of April 12, 1999 submittal
pertaining to COMAR 26.11.19.15 Paint, Resin, and Adhesive
Manufacturing and Adhesive Application.
[FR Doc. 99-27201 Filed 10-27-99; 8:45 am]
BILLING CODE 6560-50-P