Approval and Promulgation of Air Quality Implementation Plans; Maryland; Amendments to the Control of VOC From AIM Coatings, 60740-60741 [05-20817]
Download as PDF
<![CDATA[
60740
Federal Register / Vol. 70, No. 201 / Wednesday, October 19, 2005 / Rules and Regulations
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[R03–OAR–2005–MD–0011; FRL–7984–6]
Approval and Promulgation of Air
Quality Implementation Plans;
Maryland; Amendments to the Control
of VOC From AIM Coatings
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
SUMMARY: EPA is approving a State
Implementation Plan (SIP) revision
submitted by the State of Maryland.
This revision pertains to the
amendments of controlling volatile
organic compound (VOC) emissions
from architectural and industrial
maintenance (AIM) coatings in
Maryland. EPA is approving this SIP
revision in accordance with the Clean
Air Act (CAA or Act).
DATES: This final rule is effective on
November 18, 2005.
ADDRESSES: EPA has established a
docket for this action under Regional
Material in EDocket (RME) ID Number
R03–OAR–2005–MD–0011. All
documents in the docket are listed in
the RME index at https://
www.docket.epa.gov/rmepub/. Once in
the system, select ‘‘quick search,’’ then
key in the appropriate RME
identification number. Although listed
in the electronic docket, some
information is not publicly available,
i.e., confidential business information
(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 RME or
in hard copy 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. 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: Rose
Quinto, (215) 814–2182, or by e-mail at
quinto.rose@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On August 15, 2005 (70 FR 47757),
EPA published a notice of proposed
rulemaking (NPR) for the State of
VerDate Aug<31>2005
15:41 Oct 18, 2005
Jkt 208001
Maryland. The NPR proposed approval
of the amendments to the control of
VOC emissions from AIM coatings in
Maryland. The formal SIP revision was
submitted by the Maryland Department
of the Environment (MDE) on March 15,
2005.
II. Summary of SIP Revision
This SIP revision amends a regulation
to control emissions of VOC from AIM
coatings in the State of Maryland. On
March 15, 2005, MDE formally
submitted its amendments to the AIM
coatings rule as a SIP revision. These
amendments are to provide consistency
with similar regulations adopted by the
other states in the Ozone Transport
Region (OTR). These amendments are
administrative changes that will not
affect VOC reductions achieved through
compliance with the coating standards.
Other specific requirements of these
amendments and the rationale for EPA’s
proposed action are explained in the
NPR and will not be restated here. No
public comments were received on the
NPR.
III. Final Action
EPA is approving Maryland’s
amendments to the AIM coatings rule as
a revision to the Maryland SIP.
IV. Statutory and Executive Order
Reviews
A. General Requirements
Under Executive Order 12866 (58 FR
51735, October 4, 1993), this action is
not a ‘‘significant regulatory action’’ and
therefore is not subject to review by the
Office of Management and Budget. For
this reason, this action is also not
subject to Executive Order 13211,
‘‘Actions Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355, May
22, 2001). This action merely approves
state law as meeting Federal
requirements and imposes no additional
requirements beyond those imposed by
state law. Accordingly, the
Administrator certifies that this rule
will not have a significant economic
impact on a substantial number of small
entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.). Because this
rule approves pre-existing requirements
under state law and does not impose
any additional enforceable duty beyond
that required by state law, it does not
contain any unfunded mandate or
significantly or uniquely affect small
governments, as described in the
Unfunded Mandates Reform Act of 1995
(Public Law 104–4). This rule also does
not have tribal implications because it
will not have a substantial direct effect
PO 00000
Frm 00026
Fmt 4700
Sfmt 4700
on one or more Indian tribes, on the
relationship between the Federal
Government and Indian tribes, or on the
distribution of power and
responsibilities between the Federal
Government and Indian tribes, as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This
action also does not have Federalism
implications because it does not have
substantial direct effects on the 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 13132 (64 FR 43255,
August 10, 1999). This action merely
approves a state rule implementing a
Federal requirement, and does not alter
the relationship or the distribution of
power and responsibilities established
in the Clean Air Act. This rule also is
not subject to Executive Order 13045
‘‘Protection of Children from
Environmental Health Risks and Safety
Risks’’ (62 FR 19885, April 23, 1997),
because it is not economically
significant.
In reviewing SIP submissions, EPA’s
role is to approve state choices,
provided that they meet the criteria of
the Clean Air Act. In this context, in the
absence of a prior existing requirement
for the State to use voluntary consensus
standards (VCS), EPA has no authority
to disapprove a SIP submission for
failure to use VCS. It would thus be
inconsistent with applicable law for
EPA, when it reviews a SIP submission,
to use VCS in place of a SIP submission
that otherwise satisfies the provisions of
the Clean Air Act. Thus, the
requirements of section 12(d) of the
National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.
272 note) do not apply. This rule does
not impose an information collection
burden under the provisions of the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.).
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 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
E:\FR\FM\19OCR1.SGM
19OCR1
60741
Federal Register / Vol. 70, No. 201 / Wednesday, October 19, 2005 / Rules and Regulations
the Federal Register. This rule 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 December 19,
2005. 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, pertaining to the
amendments to the Maryland AIM
coatings rule, may not be challenged
later in proceedings to enforce its
requirements. (See section 307(b)(2).)
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
I
Authority: 42 U.S.C. 7401 et seq.
List of Subjects in 40 CFR Part 52
Subpart V—Maryland
Environmental protection, Air
pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and
recordkeeping requirements, Volatile
organic compounds.
2. In § 52.1070, the table in paragraph
(c) is amended by revising the entry for
COMAR 26.11.33 to read as follows:
I
§ 52.1070
*
Dated: October 11, 2005.
Donald S. Welsh,
Regional Administrator, Region III.
I
Identification of plan.
*
*
(c) * * *
*
*
40 CFR part 52 is amended as follows:
EPA-APPROVED REGULATIONS IN THE MARYLAND SIP
Code of Maryland Administrative
Regulations (COMAR) citation
*
State effective
date
Title/subject
*
*
*
EPA approval date
*
*
Additional
explanation/
Citation at 40
CFR 52.1100
*
26.11.33—Architectural Coatings
*
*
26.11.33.06 ...................................
*
*
Most Restrictive VOC Limit .........
2/28/05
*
*
10/19/05 [Insert page number where
the document begins].
*
*
26.11.33.10 ...................................
*
*
Coatings Not Listed in Regulation
.05.
2/28/05
*
*
10/19/05 [Insert page number where
the document begins].
*
*
26.11.33.12 ...................................
*
*
Container Labeling Requirements
2/28/05
26.11.33.13 ...................................
Record Keeping Requirements ...
2/28/05
*
*
*
*
*
*
*
*
ACTION:
[FR Doc. 05–20817 Filed 10–18–05; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[R04–OAR–2003–KY–0001–200410(w); FRL–
7983–3]
Approval and Promulgation of
Implementation Plans for Kentucky:
Regulatory Limit on Potential To Emit;
Withdrawal of Direct Final Rule
Environmental Protection
Agency (EPA).
AGENCY:
VerDate Aug<31>2005
15:41 Oct 18, 2005
*
Jkt 208001
*
*
10/19/05 [Insert page number where
the document begins].
10/19/05 [Insert page number where
the document begins].
*
Withdrawal of direct final rule.
SUMMARY: Due to adverse comment, EPA
is withdrawing the direct final rule
published August 24, 2005, (70 FR
49493) approving a revision to the State
Implementation Plan (SIP) of the
Commonwealth of Kentucky. This
revision incorporates Kentucky rule 401
KAR 52:080 into the Kentucky SIP. This
rule allows sources with a potential to
emit (PTE) that equals or exceeds a title
V major source threshold to be classified
as minor sources if they restrict their
actual emissions to less than 50 percent
of the title V major source thresholds
and meet other conditions specified in
the rule. EPA stated in the direct final
rule that if EPA received adverse
PO 00000
Frm 00027
Fmt 4700
Sfmt 4700
*
*
Addition of
sections
B(15)
through
B(19).
*
*
Deleted section K.
*
comment by September 23, 2005, the
rule would be withdrawn and not take
effect. EPA subsequently received
adverse comment. EPA will address the
comment in a subsequent final action
based upon the proposed action also
published on August 24, 2005 (70 FR
49525). EPA will not institute a second
comment period on this action.
The direct final rule is
withdrawn as of October 19, 2005.
DATES:
FOR FURTHER INFORMATION CONTACT:
Michele Notarianni, Air Planning
Branch, U.S. Environmental Protection
Agency Region 4, 61 Forsyth Street,
SW., Atlanta, Georgia 30303–8960. (404/
562–9031 (phone) or
notarianni.michele@epa.gov (e-mail).)
E:\FR\FM\19OCR1.SGM
19OCR1
]]>Agencies
[Federal Register Volume 70, Number 201 (Wednesday, October 19, 2005)]
[Rules and Regulations]
[Pages 60740-60741]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-20817]
[[Page 60740]]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[R03-OAR-2005-MD-0011; FRL-7984-6]
Approval and Promulgation of Air Quality Implementation Plans;
Maryland; Amendments to the Control of VOC From AIM Coatings
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving a State Implementation Plan (SIP) revision
submitted by the State of Maryland. This revision pertains to the
amendments of controlling volatile organic compound (VOC) emissions
from architectural and industrial maintenance (AIM) coatings in
Maryland. EPA is approving this SIP revision in accordance with the
Clean Air Act (CAA or Act).
DATES: This final rule is effective on November 18, 2005.
ADDRESSES: EPA has established a docket for this action under Regional
Material in EDocket (RME) ID Number R03-OAR-2005-MD-0011. All documents
in the docket are listed in the RME index at https://www.docket.epa.gov/
rmepub/. Once in the system, select ``quick search,'' then key in the
appropriate RME identification number. Although listed in the
electronic docket, some information is not publicly available, i.e.,
confidential business information (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 RME or in hard copy
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. 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: Rose Quinto, (215) 814-2182, or by e-
mail at quinto.rose@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On August 15, 2005 (70 FR 47757), EPA published a notice of
proposed rulemaking (NPR) for the State of Maryland. The NPR proposed
approval of the amendments to the control of VOC emissions from AIM
coatings in Maryland. The formal SIP revision was submitted by the
Maryland Department of the Environment (MDE) on March 15, 2005.
II. Summary of SIP Revision
This SIP revision amends a regulation to control emissions of VOC
from AIM coatings in the State of Maryland. On March 15, 2005, MDE
formally submitted its amendments to the AIM coatings rule as a SIP
revision. These amendments are to provide consistency with similar
regulations adopted by the other states in the Ozone Transport Region
(OTR). These amendments are administrative changes that will not affect
VOC reductions achieved through compliance with the coating standards.
Other specific requirements of these amendments and the rationale for
EPA's proposed action are explained in the NPR and will not be restated
here. No public comments were received on the NPR.
III. Final Action
EPA is approving Maryland's amendments to the AIM coatings rule as
a revision to the Maryland SIP.
IV. Statutory and Executive Order Reviews
A. General Requirements
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves pre-existing requirements under state law and does
not impose any additional enforceable duty beyond that required by
state law, it does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Public Law 104-4). This rule also does not
have tribal implications because it will not have a substantial direct
effect on one or more Indian tribes, on the relationship between the
Federal Government and Indian tribes, or on the distribution of power
and responsibilities between the Federal Government and Indian tribes,
as specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
This action also does not have Federalism implications because it does
not have substantial direct effects on the 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 13132 (64 FR 43255, August 10, 1999).
This action merely approves a state rule implementing a Federal
requirement, and does not alter the relationship or the distribution of
power and responsibilities established in the Clean Air Act. This rule
also is not subject to Executive Order 13045 ``Protection of Children
from Environmental Health Risks and Safety Risks'' (62 FR 19885, April
23, 1997), because it is not economically significant.
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not
impose an information collection burden under the provisions of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
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 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
[[Page 60741]]
the Federal Register. This rule 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 December 19, 2005. 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, pertaining to the amendments to the Maryland AIM
coatings rule, 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, Nitrogen dioxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Volatile organic compounds.
Dated: October 11, 2005.
Donald S. Welsh,
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 revising
the entry for COMAR 26.11.33 to read as follows:
Sec. 52.1070 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Regulations in the Maryland SIP
----------------------------------------------------------------------------------------------------------------
Additional
Code of Maryland Administrative Title/subject State EPA approval date explanation/Citation
Regulations (COMAR) citation effective date at 40 CFR 52.1100
----------------------------------------------------------------------------------------------------------------
* * * * * * *
---------------------------------
26.11.33--Architectural Coatings
----------------------------------------------------------------------------------------------------------------
* * * * * * *
26.11.33.06..................... Most Restrictive 2/28/05 10/19/05 [Insert Addition of sections
VOC Limit. page number where B(15) through
the document B(19).
begins].
* * * * * * *
26.11.33.10..................... Coatings Not Listed 2/28/05 10/19/05 [Insert ....................
in Regulation .05. page number where
the document
begins].
* * * * * * *
26.11.33.12..................... Container Labeling 2/28/05 10/19/05 [Insert Deleted section K.
Requirements. page number where
the document
begins].
26.11.33.13..................... Record Keeping 2/28/05 10/19/05 [Insert ....................
Requirements. page number where
the document
begins].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 05-20817 Filed 10-18-05; 8:45 am]
BILLING CODE 6560-50-P
