Approval and Promulgation of Air Quality Implementation Plans; Maryland; Adoption of Control Techniques Guidelines for Metal Furniture Coatings and Miscellaneous Metal Parts Coatings, 59055-59057 [2015-24862]
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Federal Register / Vol. 80, No. 190 / Thursday, October 1, 2015 / Rules and Regulations
The pollutants that comprise the
inventory are nitrogen oxides (NOX),
volatile organic compounds (VOC), and
carbon monoxide (CO).
[FR Doc. 2015–24889 Filed 9–30–15; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
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:
40 CFR Part 52
Ellen Schmitt, (215) 814–5787, or by
email at schmitt.ellen@epa.gov.
[EPA–R03–OAR–2015–0404; FRL–9934–92–
Region 3]
SUPPLEMENTARY INFORMATION:
srobinson on DSK5SPTVN1PROD with RULES
Approval and Promulgation of Air
Quality Implementation Plans;
Maryland; Adoption of Control
Techniques Guidelines for Metal
Furniture Coatings and Miscellaneous
Metal Parts Coatings
I. Background
On July 17, 2015 (80 FR 42459), EPA
published a notice of proposed
rulemaking (NPR) for the State of
Maryland, proposing approval of
Maryland’s SIP submittal which
includes amendments to the State’s
AGENCY: Environmental Protection
regulation for the control of VOCs and
Agency (EPA).
adopts the requirements of EPA’s CTGs
for the coating of metal furniture and
ACTION: Final rule.
miscellaneous metal parts, as RACT for
SUMMARY: The Environmental Protection these source categories. The formal SIP
Agency (EPA) is approving a State
revision (#14–02) was submitted by the
Implementation Plan (SIP) revision
State of Maryland on July 28, 2014.
submitted by the State of Maryland. The
Section 172(c)(1) of the CAA provides
revision includes amendments to
that SIPs for nonattainment areas must
Maryland’s regulation for the control of
include reasonably available control
volatile organic compounds (VOC) and
measures (RACM), including RACT for
meets the requirement to adopt
sources of emissions. Section
reasonably available control technology 182(b)(2)(A) provides that for certain
(RACT) for sources covered by EPA’s
nonattainment areas, states must revise
Control Techniques Guidelines (CTG)
their SIPs to include RACT for sources
standards for coatings for metal
of VOC emissions covered by a CTG
furniture and miscellaneous metal parts. document issued after November 15,
These amendments will reduce
1990 and prior to the area’s date of
emissions of VOC from these source
attainment. States can follow the CTGs
categories and assist Maryland to attain
and adopt state regulations to
and maintain the national ambient air
implement the recommendations
quality standard (NAAQS) for ozone.
contained therein, or they can adopt
EPA is approving this revision to reduce alternative approaches. In either case,
VOC emissions in accordance with the
states must submit their RACT rules to
requirements of the Clean Air Act
EPA for review and approval as part of
(CAA).
the SIP process.
DATES: This final rule is effective on
In September 2007, EPA published a
November 2, 2015.
new CTG for Metal Furniture Coatings
(EPA–453/R–07–005), and in September
ADDRESSES: EPA has established a
2008, EPA published a new CTG for
docket for this action under Docket ID
Number EPA–R03–OAR–2015–0404. All Miscellaneous Metal and Plastic Parts
Coatings (EPA–453/R–08–003). These
documents in the docket are listed in
CTGs discuss the nature of VOC
the www.regulations.gov Web site.
Although listed in the electronic docket, emissions from these industries, the
available control technologies for
some information is not publicly
addressing such emissions, the cost of
available, i.e., confidential business
available control options, and other
information (CBI) or other information
whose disclosure is restricted by statute. information. EPA developed new CTGs
for these industries after reviewing
Certain other material, such as
existing state and local VOC emission
copyrighted material, is not placed on
reduction approaches, new source
the Internet and will be publicly
performance standards (NSPS),
available only in hard copy form.
previously issued CTGs, and national
Publicly available docket materials are
emission standards for hazardous air
available either electronically through
www.regulations.gov or in hard copy for pollutants (NESHAP) for these source
categories.
public inspection during normal
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59055
II. Summary of SIP Revision
On July 28, 2014, the State of
Maryland through the Maryland
Department of the Environment (MDE)
submitted to EPA a SIP revision (#14–
02) concerning the adoption of the
emission limits for metal furniture
coatings found in the Metal Furniture
Coatings CTG and miscellaneous metal
parts coatings found in the
Miscellaneous Metal and Plastic Parts
Coatings CTG. Maryland has adopted
EPA’s CTG standards for metal furniture
and miscellaneous metal parts coating
processes by amending Regulation .08
under COMAR 26.11.19, Volatile
Organic Compounds from Specific
Sources. Specifically, this revision
amends the existing regulation in
section 26.11.19.08 by adding coating
standards for both metal furniture and
miscellaneous metal parts that are either
equal to or more stringent than the
coating standards found in EPA’s CTGs.
Additionally, new definitions and
application methods were added to
COMAR section 26.11.19.08. A detailed
summary of Maryland’s amendments
and EPA’s review of and rationale for
approving this SIP revision submittal
may be found in the NPR and Technical
Support Document (TSD) for this
rulemaking action which is available
online at www.regulations.gov, Docket
number EPA–R03–OAR–2015–0404.
III. Final Action
EPA is approving the State of
Maryland’s July 28, 2014 SIP submittal
as a revision to the Maryland SIP. The
SIP submittal being approved in this
action consists of amendments to
Maryland’s regulation for the control of
VOCs and adopts the requirements of
EPA’s CTGs for the coating of metal
furniture and miscellaneous metal parts,
as RACT for these source categories.
IV. Incorporation by Reference
In this rulemaking action, the EPA is
finalizing regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, the EPA is finalizing the
incorporation by reference of the MDE
rules regarding control of VOC
emissions from metal furniture and
miscellaneous metal parts coatings as
described in Section II of this
rulemaking action. The EPA has made,
and will continue to make, these
documents generally available
electronically through
www.regulations.gov and/or in hard
copy at the appropriate EPA office (see
the ADDRESSES section of this preamble
for more information).
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Federal Register / Vol. 80, No. 190 / Thursday, October 1, 2015 / Rules and Regulations
V. Statutory and Executive Order
Reviews
A. General Requirements
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 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 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 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).
action must be filed in the United States
Court of Appeals for the appropriate
circuit by November 30, 2015. 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. This action to
approve amendments of Maryland’s
VOC control regulation into Maryland’s
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, Incorporation by
reference, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Dated: September 17, 2015.
Shawn M. Garvin,
Regional Administrator, Region III.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart V—Maryland
2. In § 52.1070, the table in paragraph
(c) is amended by revising the entry for
‘‘26.11.19.08’’ to read as follows:
■
§ 52.1070
C. Petitions for Judicial Review
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
*
Identification of plan.
*
*
(c) * * *
*
*
EPA-APPROVED REGULATIONS, TECHNICAL MEMORANDA, AND STATUTES IN THE MARYLAND SIP
Code of Maryland Administrative Regulations
(COMAR) citation
*
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26.11.19
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26.11.19.08 ....................
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Volatile Organic Compounds From Specific Processes
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Metal Parts and Products Coating.
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Additional explanation/citation at 40 CFR
52.1100
EPA approval date
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Register citation].
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Amends section title.
Adds definitions.
Section 26.11.19.08(B), Emission Standards,
removed.
Section 26.11.19.08(B), Incorporation by Reference, added.
Section 26.11.19.08(C), Applicability and Exemptions, added.
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Federal Register / Vol. 80, No. 190 / Thursday, October 1, 2015 / Rules and Regulations
EPA-APPROVED REGULATIONS, TECHNICAL MEMORANDA, AND STATUTES IN THE MARYLAND SIP—Continued
Code of Maryland Administrative Regulations
(COMAR) citation
State effective
date
Title/Subject
Additional explanation/citation at 40 CFR
52.1100
EPA approval date
Section 26.11.19.08(D), Emission Standards,
added.
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[FR Doc. 2015–24862 Filed 9–30–15; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Medicare & Medicaid
Services
42 CFR Part 412
[CMS–1606–CN]
RIN 0938–AS08
Medicare Program; Inpatient
Psychiatric Facilities Prospective
Payment System—Update for Fiscal
Year Beginning October 1, 2014 (FY
2015); Correction
Centers for Medicare &
Medicaid Services (CMS), HHS.
ACTION: Correction of final rule.
AGENCY:
This document corrects
technical errors that appeared in the
final rule published in the Federal
Register on August 6, 2014 entitled
‘‘Inpatient Psychiatric Facilities
Prospective Payment System—Update
for Fiscal Year Beginning October 1,
2014 (FY 2015); Final Rule.’’
DATES: Effective October 1, 2015.
FOR FURTHER INFORMATION CONTACT:
Katherine Lucas or Jana Lindquist,
(410) 786–7723.
SUPPLEMENTARY INFORMATION:
SUMMARY:
srobinson on DSK5SPTVN1PROD with RULES
I. Background
In FR Doc. 2014–18329 of August 6,
2014 (79 FR 45938), there were a
number of technical errors that are
identified in the Summary of Errors
section (section II), and corrected in the
Correction of Errors section (section IV).
The provisions in this correction
document, which relate to the inpatient
psychiatric facilities (IPF) prospective
payment system (PPS) ICD–10–CM
diagnosis coding conversion for
comorbidities, are effective as if they
had been included in the document
published August 06, 2014 (FY 2015 IPF
PPS final rule). While the FY 2015 IPF
PPS final rule had an effective date of
VerDate Sep<11>2014
18:54 Sep 30, 2015
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*
October 1, 2014, the implementation of
the ICD–10 code sets does not occur
until October 1, 2015. Accordingly, the
corrections in this document will be
effective on the October 1, 2015 ICD–10
implementation date.
The FY 2015 IPF PPS final rule was
effective October 1, 2014 for all updates
and changes, except for the conversion
of ICD–9–CM codes to ICD–10–CM
codes. We noted in that final rule (79 FR
45945) that on April 1, 2014, the
Protecting Access to Medicare Act of
2014 (PAMA) (Pub. L. 113–93) was
enacted. Section 212 of PAMA, titled
‘‘Delay in Transition from ICD–9 to
ICD–10 Code Sets,’’ provides that ‘‘[t]he
Secretary of Health and Human Services
may not, prior to October 1, 2015, adopt
ICD–10 code sets as the standard for
code sets under section 1173(c) of the
Social Security Act (42 U.S.C. 1320d–
2(c)) and section 162.1002 of title 45,
Code of Federal Regulations.’’ We
indicated that, in light of PAMA, the
effective date of changes from ICD–9 to
ICD–10 for the IPF PPS would be the
date when ICD–10 becomes the required
medical data code set for use on
Medicare claims.
In that FY 2015 IPF PPS final rule (79
FR 45945), we also stated that on May
1, 2014, the Department announced
that, in light of section 212 of PAMA,
‘‘the U.S. Department of Health and
Human Services expects to release an
interim final rule in the near future that
will include a new compliance date that
would require the use of ICD–10
beginning October 1, 2015.’’ The
Department asserted that the interim
final rule would also require HIPAA
covered entities to continue to use ICD–
9–CM through September 30, 2015.
Therefore, we explained that we will
continue to require use of the ICD–9–
CM codes for reporting the MS–DRG
and comorbidity adjustment factors for
IPF services through FY 2015, and that
we will require the use of ICD–10 codes
beginning October 1, 2015 (79 FR
45945). The final rule ‘‘Administrative
Simplification: Change to the
Compliance Date for the International
Classification of Diseases, 10th Revision
(ICD–10–CM and ICD–10–PCS) Medical
Data Code Sets’’ was published in the
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Federal Register on August 4, 2014, and
finalized the compliance date for ICD–
10 as October 1, 2015 (79 FR 45128).
II. Summary of Errors
Payment for Comorbid Conditions
The IPF PPS includes a comorbidity
payment adjustment. The intent of the
comorbidity adjustment is to recognize
the increased costs associated with
comorbid conditions by providing
additional payments for certain
concurrent medical or psychiatric
conditions that are expensive to treat. In
the May 2011 IPF PPS final rule (76 FR
26451 through 26452), we explained
that the IPF PPS includes 17
comorbidity categories and identified
the new, revised, and deleted ICD–9–
CM diagnosis codes that generated a
comorbid condition payment
adjustment under the IPF PPS for RY
2012 (76 FR 26451).
In Table 7 of the FY 2015 IPF PPS
final rule, the 17 comorbidity categories
defined using ICD–9–CM codes were
converted to ICD–10–CM codes (79 FR
45953). We discovered the following
eight technical errors in ICD–10–CM
codes or code ranges listed in Table 7
of the FY 2015 IPF PPS final rule, which
we are correcting. These eight errors
were typographic errors which we are
correcting to conform to the policies
adopted in the FY 2015 IPF PPS final
rule, and do not reflect any substantive
policy changes:
(1) From the ‘‘Oncology Treatment’’
comorbidity category on page 45953,
‘‘C000 through C4002’’ should read
‘‘C000 through C399, C4001, C4002.
(2) From the ‘‘Oncology Treatment’’
comorbidity category on page 45953,
‘‘C44191’’ is being removed.
(3) From the ‘‘Oncology Treatment’’
comorbidity category on page 45953,
‘‘D225 through D2261’’ should read
‘‘D225, D2261,’’
(4) From the ‘‘Oncology Treatment’’
comorbidity category on page 45953,
‘‘D3192 through D485’’ should read
‘‘D3192 through D471.’’
(5) From the ‘‘Oncology Treatment’’
comorbidity category on page 45953,
‘‘D4861 through D471’’ should read
‘‘D4861 through D499.’’
E:\FR\FM\01OCR1.SGM
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Agencies
[Federal Register Volume 80, Number 190 (Thursday, October 1, 2015)]
[Rules and Regulations]
[Pages 59055-59057]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-24862]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2015-0404; FRL-9934-92-Region 3]
Approval and Promulgation of Air Quality Implementation Plans;
Maryland; Adoption of Control Techniques Guidelines for Metal Furniture
Coatings and Miscellaneous Metal Parts Coatings
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a State
Implementation Plan (SIP) revision submitted by the State of Maryland.
The revision includes amendments to Maryland's regulation for the
control of volatile organic compounds (VOC) and meets the requirement
to adopt reasonably available control technology (RACT) for sources
covered by EPA's Control Techniques Guidelines (CTG) standards for
coatings for metal furniture and miscellaneous metal parts. These
amendments will reduce emissions of VOC from these source categories
and assist Maryland to attain and maintain the national ambient air
quality standard (NAAQS) for ozone. EPA is approving this revision to
reduce VOC emissions in accordance with the requirements of the Clean
Air Act (CAA).
DATES: This final rule is effective on November 2, 2015.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2015-0404. All documents in the docket are listed in
the www.regulations.gov Web site. 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 through www.regulations.gov 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: Ellen Schmitt, (215) 814-5787, or by
email at schmitt.ellen@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On July 17, 2015 (80 FR 42459), EPA published a notice of proposed
rulemaking (NPR) for the State of Maryland, proposing approval of
Maryland's SIP submittal which includes amendments to the State's
regulation for the control of VOCs and adopts the requirements of EPA's
CTGs for the coating of metal furniture and miscellaneous metal parts,
as RACT for these source categories. The formal SIP revision (#14-02)
was submitted by the State of Maryland on July 28, 2014.
Section 172(c)(1) of the CAA provides that SIPs for nonattainment
areas must include reasonably available control measures (RACM),
including RACT 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. States can follow the CTGs and adopt state regulations to
implement the recommendations contained therein, or they can adopt
alternative approaches. In either case, states must submit their RACT
rules to EPA for review and approval as part of the SIP process.
In September 2007, EPA published a new CTG for Metal Furniture
Coatings (EPA-453/R-07-005), and in September 2008, EPA published a new
CTG for Miscellaneous Metal and Plastic Parts Coatings (EPA-453/R-08-
003). These CTGs discuss the nature of VOC emissions from these
industries, the available control technologies for addressing such
emissions, the cost of available control options, and other
information. EPA developed new CTGs for these industries after
reviewing existing state and local VOC emission reduction approaches,
new source performance standards (NSPS), previously issued CTGs, and
national emission standards for hazardous air pollutants (NESHAP) for
these source categories.
II. Summary of SIP Revision
On July 28, 2014, the State of Maryland through the Maryland
Department of the Environment (MDE) submitted to EPA a SIP revision
(#14-02) concerning the adoption of the emission limits for metal
furniture coatings found in the Metal Furniture Coatings CTG and
miscellaneous metal parts coatings found in the Miscellaneous Metal and
Plastic Parts Coatings CTG. Maryland has adopted EPA's CTG standards
for metal furniture and miscellaneous metal parts coating processes by
amending Regulation .08 under COMAR 26.11.19, Volatile Organic
Compounds from Specific Sources. Specifically, this revision amends the
existing regulation in section 26.11.19.08 by adding coating standards
for both metal furniture and miscellaneous metal parts that are either
equal to or more stringent than the coating standards found in EPA's
CTGs. Additionally, new definitions and application methods were added
to COMAR section 26.11.19.08. A detailed summary of Maryland's
amendments and EPA's review of and rationale for approving this SIP
revision submittal may be found in the NPR and Technical Support
Document (TSD) for this rulemaking action which is available online at
www.regulations.gov, Docket number EPA-R03-OAR-2015-0404.
III. Final Action
EPA is approving the State of Maryland's July 28, 2014 SIP
submittal as a revision to the Maryland SIP. The SIP submittal being
approved in this action consists of amendments to Maryland's regulation
for the control of VOCs and adopts the requirements of EPA's CTGs for
the coating of metal furniture and miscellaneous metal parts, as RACT
for these source categories.
IV. Incorporation by Reference
In this rulemaking action, the EPA is finalizing regulatory text
that includes incorporation by reference. In accordance with
requirements of 1 CFR 51.5, the EPA is finalizing the incorporation by
reference of the MDE rules regarding control of VOC emissions from
metal furniture and miscellaneous metal parts coatings as described in
Section II of this rulemaking action. The EPA has made, and will
continue to make, these documents generally available electronically
through www.regulations.gov and/or in hard copy at the appropriate EPA
office (see the ADDRESSES section of this preamble for more
information).
[[Page 59056]]
V. Statutory and Executive Order Reviews
A. General Requirements
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 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 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 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 CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by November 30, 2015. 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. This action to approve amendments of Maryland's VOC control
regulation into Maryland's 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, Incorporation by
reference, Ozone, Reporting and recordkeeping requirements, Volatile
organic compounds.
Dated: September 17, 2015.
Shawn M. Garvin,
Regional Administrator, Region III.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
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 ``26.11.19.08'' to read as follows:
Sec. 52.1070 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Regulations, Technical Memoranda, and Statutes in the Maryland SIP
----------------------------------------------------------------------------------------------------------------
Additional explanation/
Code of Maryland Administrative Title/Subject State EPA approval date citation at 40 CFR
Regulations (COMAR) citation effective date 52.1100
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* * * * * * *
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26.11.19 Volatile Organic Compounds From Specific Processes
----------------------------------------------------------------------------------------------------------------
* * * * * * *
26.11.19.08.................... Metal Parts and 5/26/14 10/1/15 [Insert Amends section title.
Products Coating. Federal Register Adds definitions.
citation].
Section 26.11.19.08(B),
Emission Standards,
removed.
Section 26.11.19.08(B),
Incorporation by
Reference, added.
Section 26.11.19.08(C),
Applicability and
Exemptions, added.
[[Page 59057]]
Section 26.11.19.08(D),
Emission Standards,
added.
* * * * * * *
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* * * * *
[FR Doc. 2015-24862 Filed 9-30-15; 8:45 am]
BILLING CODE 6560-50-P