[Federal Register Volume 75, Number 188 (Wednesday, September 29, 2010)]
[Rules and Regulations]
[Pages 59973-59975]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-24421]
[[Page 59973]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2010-0594; FRL-9208-2]
Approval and Promulgation of Air Quality Implementation Plans;
Maryland; Control of Volatile Organic Compound Emissions From
Industrial Solvent Cleaning Operations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is taking direct final action to approve a State
Implementation Plan (SIP) revision submitted by the Maryland Department
of the Environment (MDE). This SIP revision consists of an addition to
Maryland's Volatile Organic Compounds from Specific Processes
Regulation. MDE has adopted standards for industrial solvent cleaning
operations that satisfy the reasonably available control technology
(RACT) requirements for sources of volatile organic compounds (VOCs)
covered by control techniques guidelines (CTG). This amendment reduces
VOC emissions from industrial solvent cleaning operations which will
help Maryland attain and maintain the National Ambient Air Quality
Standards (NAAQS) for ozone. This action is being taken under the Clean
Air Act (CAA).
DATES: This rule is effective on November 29, 2010 without further
notice, unless EPA receives adverse written comment by October 29,
2010. 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: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2010-0594, by one of the following methods:
A. http://www.regulations.gov. Follow the on-line instructions for
submitting comments.
B. E-mail: [email protected].
C. Mail: EPA-R03-OAR-2010-0594, Maria Pino, 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-
2010-0594. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at http://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 http://www.regulations.gov or e-mail. The http://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 e-mail comment directly to EPA without
going through http://www.regulations.gov, your e-mail 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
http://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 http://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 e-mail at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
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,'' for sources of emissions. Section 182(b)(2)(A) provides
that for certain nonattainment areas, States must revise their SIPs to
include RACT for sources of VOC emissions covered by a CTG document
issued after November 15, 1990 and prior to the area's date of
attainment.
CAA section 183(e) directs EPA to list for regulation those
categories of products that account for at least 80 percent of the VOC
emissions, on a reactivity-adjusted basis, from consumer and commercial
products in areas that violate the NAAQS for ozone. The CTG is intended
to provide state and local air pollution control authorities
information that should assist them in determining RACT for VOC from
industrial cleaning solvents operations.
In September 2006, EPA published a CTG for industrial solvent
cleaning operations. This CTG lists the cleaning operations associated
with industrial cleaning solvents, identifies the sources of VOC
emissions from those cleaning operations, and describes the emissions
threshold that applies to this CTG and available control options for
addressing VOC emissions.
In February 1994, EPA published and Alternative Control Techniques
(ACT) document for industrial cleaning solvents. This report describes
alternative techniques that will reduce VOC emissions from those
industrial cleaning solvents used to remove contaminants. The ACT
document also provides a quantitative overview of cleaning solvents
used and a model for accounting and tracking solvent usage. This
document is also an appendix to the CTG document listed above.
II. Summary of SIP Revision
On April 22, 2010, the State of Maryland submitted a SIP revision
(10-03) to address sources of VOC emissions covered by EPA's
CTG: Industrial Cleaning Solvents (see EPA 453/R-06-001, September
2006). This SIP revision adds a new regulation .09-1 under COMAR
26.11.19 (Volatile Organic Compounds from Specific Processes).
COMAR 26.11.19.09-1--Control of VOC Emissions from Industrial
Solvent Cleaning Operations Other Than Cold and Vapor Degreasing--
affects facilities that emit 15 pounds or more per day of VOCs (before
consideration of controls) from the use of industrial solvent
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cleaning operations other then cold and vapor degreasing. Exclusions
include:
Cleaning operations at sources subject to any other VOC
regulation in COMAR 26.11.19:
Cleaning of electrical and electric components;
Cleaning of high precision optics;
Stripping;
Janitorial cleaning; cleaning of resin, coating, ink, and
adhesive mixing, molding and application equipment;
Cleaning operations in research and development
laboratories;
Cleaning operations in medical device or pharmaceutical
manufacturing; and
Cleaning operations related to performance or quality
assurance testing of coatings, inks, or adhesives.
COMAR 26.11.19.09-1 requires the vapor pressure of the cleaning
solution to be less than or equal to 8 millimeters of mercury (mm Hg)
at 20[deg] C before it may be used. This regulation also requires the
maintenance of monthly records of the total solvent material used.
These records must be made available to MDE upon request. Facilities
affected by this regulation must also observe the work practice
requirements, compliance procedures and test methods found in COMAR
26.11.19.02 (Applicability, Determining Compliance, Reporting, and
General Requirements).
During the State's public comment period, a comment was received
opposing the implementation of the 50 grams VOC per liter limit to
digital printing operations. The commenter stated that the provisions
contained in COMAR 26.11.19.18F include the use of cleaning solvents by
digital printing operations; therefore digital operations should be
exempt from this proposed regulation. In response Maryland concluded
that digital printing sources are subject to the regulations under
COMAR 26.11.19.18F, and are therefore exempt from the requirements of
COMAR 26.11.19.09-1. EPA agrees with Maryland's response; since
Maryland's definition of Industrial Solvent Cleaning Operations
includes many exemptions, one of which excludes all sources subject to
the requirements of any other VOC regulation in COMAR 26.11.19
(Volatile Organic Compounds from Specific Processes). COMAR
26.11.19.09-1A(6)(b)(ii), reads as follows: Industrial Solvent Cleaning
Operations does not include cleaning operations at sources subject to
any other VOC regulations in this subtitle.
III. Final Action
EPA is approving Maryland's SIP revision because it meets the
requirement for establishing RACT for sources of VOC emissions covered
by EPA's Industrial Cleaning Solvents CTG. EPA is publishing this rule
without prior proposal because the Agency views this as a
noncontroversial amendment 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 November 29, 2010 without further notice unless EPA
receives adverse comment by October 29, 2010. 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.
IV. Statutory and Executive Order Reviews
A. General Requirements
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act 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 Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this 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 Clean Air Act; 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 rule 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.
B. 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 action 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. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
C. 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 November 29, 2010. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action 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. Parties with objections to this
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direct final rule are encouraged to file a comment in response to the
parallel notice of proposed rulemaking for this action published in the
proposed rules section of today's Federal Register, rather than file an
immediate petition for judicial review of this direct final rule, so
that EPA can withdraw this direct final rule and address the comment in
the proposed rulemaking.
This action pertaining to Maryland's adoption of RACT requirements
for VOC emissions from industrial cleaning solvents 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, Ozone, Reporting and recordkeeping requirements, Volatile
organic compounds.
Dated: September 14, 2010.
W.C. Early,
Acting Regional Administrator, Region III.
0
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart V--Maryland
0
2. In Sec. 52.1070, the table in paragraph (c) is amended by adding an
entry for COMAR 26.11.19.09-1 to read as follows:
Sec. 52.1070 Identification of plan.
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(c) * * *
EPA-Approved Regulations in the Maryland SIP
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Additional
Code of Maryland administrative State explanation/
regulations (COMAR) citation Title/subject effective EPA approval date citation at 40
date CFR 52.1100
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26.11.19 Volatile Organic Compounds from Specific Processes
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26.11.19.09-1.................. Control of VOC 4/19/10 9/29/10 [Insert page New Regulation.
Emissions from number where the
Industrial Solvent document begins].
Cleaning Operations
Other Than Cold and
Vapor Degreasing.
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[FR Doc. 2010-24421 Filed 9-28-10; 8:45 am]
BILLING CODE 6560-50-P