Approval and Promulgation of Air Quality Implementation Plans; Maryland; New Regulations for Architectural and Industrial Maintenance Coatings, 21312-21314 [2017-09184]

Download as PDF 21312 Federal Register / Vol. 82, No. 87 / Monday, May 8, 2017 / Rules and Regulations addressed VOC reductions in the OTR. In 2004, consistent with the OTC Phase BILLING CODE 6560–50–P I AIM model rule, Maryland adopted COMAR 26.11.33—Architectural Coatings, which established VOC ENVIRONMENTAL PROTECTION content limits, recordkeeping and AGENCY labeling requirements, and standard practices for use and application of 40 CFR Part 52 coatings used in architectural and [EPA–R03–OAR–2016–0454; FRL–9961–25– industrial maintenance. Region 3] The Phase I AIM model rule was Approval and Promulgation of Air replaced with an amended OTC model Quality Implementation Plans; rule in 2011 (known as the Phase II AIM Maryland; New Regulations for model rule). The Phase II AIM model Architectural and Industrial rule was developed for states that Maintenance Coatings needed additional VOC emission reductions in order to meet the ozone AGENCY: Environmental Protection national ambient air quality standards Agency (EPA). (NAAQS). Consistent with the Phase II ACTION: Final rule. AIM model rule, Maryland developed SUMMARY: The Environmental Protection and adopted COMAR 26.11.39— Agency (EPA) is approving a state Architectural and Industrial implementation plan (SIP) revision Maintenance Coatings, which is an submitted by the State of Maryland. updated version of COMAR 26.11.33. This revision pertains to a provision On June 27, 2016, the Maryland establishing new volatile organic Department of the Environment (MDE) compound (VOC) content limits and submitted to EPA a SIP revision (16–09) standards for architectural and containing new AIM regulations .01 industrial maintenance (AIM) coatings through .08 under COMAR 26.11.39— available for sale and use in Maryland. Architectural and Industrial This action is being taken under the Maintenance Coatings to be included in Clean Air Act (CAA). the Maryland SIP and requesting DATES: This final rule is effective on removal of COMAR 26.11.33 from the June 7, 2017. SIP, as COMAR 26.11.39 supercedes ADDRESSES: EPA has established a COMAR 26.11.33. On November 28, docket for this action under Docket ID Number EPA–R03–OAR–2016–0454. All 2016 (81 FR 85455), EPA published a notice of proposed rulemaking (NPR) documents in the docket are listed on proposing approval of Maryland’s new the https://www.regulations.gov Web AIM regulations. site. Although listed in the index, some information is not publicly available, II. Summary of SIP Revision e.g., confidential business information (CBI) or other information whose The new AIM regulations apply to disclosure is restricted by statute. any person who manufactures, blends, Certain other material, such as thins, supplies, sells, offers for sale, copyrighted material, is not placed on repackages for sale, or applies the internet and will be publicly architectural and industrial available only in hard copy form. maintenance coatings in Maryland. Publicly available docket materials are Maryland’s new AIM regulations available through https:// establish more stringent VOC content www.regulations.gov, or please contact the person identified in the FOR FURTHER limits (Table 1) and standards for AIM coating categories than in COMAR INFORMATION CONTACT section for 26.11.33, as well as establish container additional availability information. labeling requirements, reporting FOR FURTHER INFORMATION CONTACT: requirements, and compliance Irene Shandruk, (215) 814–2166, or by procedures. The requirements of email at shandruk.irene@epa.gov. COMAR 26.11.39 supersede those of SUPPLEMENTARY INFORMATION: COMAR 26.11.33. Other specific I. Background requirements and the rationale for EPA’s proposed action are explained in the In 2001, the Ozone Transport NPR and technical support document Commission (OTC), in collaboration with the Ozone Transport Region (OTR) for this rulemaking and will not be states, developed several emission restated here. No public comments were reduction measures, including a VOC received on the NPR. model rule for AIM coatings (known as the Phase I AIM model rule), which * * * * * asabaliauskas on DSK3SPTVN1PROD with RULES [FR Doc. 2017–09176 Filed 5–5–17; 8:45 am] VerDate Sep<11>2014 16:08 May 05, 2017 Jkt 241001 PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 TABLE 1—VOC CONTENT LIMITS UNDER COMAR 26.11.39 FOR VARIOUS AIM COATING CATEGORIES Architectural and industrial maintenance coatings category Maryland’s new VOC content limits (grams/liter) under COMAR 26.11.39 Flat coatings ......................... Non-flat coatings ................... Non-flat—high gloss coatings 50 100 150 Specialty Coatings Aluminum roof coatings ........ Basement specialty coatings Bituminous roof coatings ...... Bituminous roof primers ....... Bond breakers ...................... Calcimine recoater ................ Concrete curing compounds Concrete/masonry sealers .... Concrete surface retarders ... Conjugated oil varnish .......... Conversion varnish ............... Driveway sealers .................. Dry fog coatings ................... Faux finishing coatings ......... Fire-resistive coatings ........... Floor coatings ....................... Form-release coatings .......... Graphic arts coatings (Sign paints) ............................... High-temperature coatings ... Impacted immersion coatings Industrial maintenance coatings .................................... Low-solids coatings .............. Magnesite cement coatings .. Mastic texture coatings ......... Metallic pigmented coatings Multi-color coatings ............... Nuclear coatings ................... Pre-treatment wash primers Primers, sealers, and undercoaters ..................... Reactive penetrating sealers Reactive penetrating carbonate stone sealers ........ Recycled coatings ................ Roof coatings ........................ Rust preventative coatings ... 450 400 270 350 350 475 350 100 780 450 725 50 150 350 350 100 250 500 420 780 250 120 450 100 500 250 450 420 100 350 500 250 250 250 Shellacs Clear ..................................... Opaque ................................. Specialty primers, sealers, and undercoaters .............. Stains .................................... Stone consolidant ................. Swimming pool coatings ....... Thermoplastic rubber coatings and mastic ................. Traffic marking coatings ....... Tub and tile refinish coatings Waterproofing membranes ... Wood coatings ...................... Wood preservatives .............. Zinc-rich primers ................... E:\FR\FM\08MYR1.SGM 08MYR1 730 550 100 250 450 340 550 100 420 250 275 350 340 Federal Register / Vol. 82, No. 87 / Monday, May 8, 2017 / Rules and Regulations III. Final Action EPA is approving Maryland’s June 27, 2016 SIP submittal with new regulations for AIM coatings under COMAR 26.11.39, and adding these regulations to the Maryland SIP. With this approval, EPA is also removing COMAR 26.11.33 from the Maryland SIP. COMAR 26.11.39 establishes VOC content limits and requirements for certain AIM coating categories which are more stringent than limits previously found in COMAR 26.11.33. Therefore, EPA believes these new regulations in the SIP strengthen the Maryland SIP and should lead to additional VOC reductions, which will reduce ozone formation and assist Maryland with attaining and maintaining the ozone NAAQS. IV. Incorporation by Reference In this rule, EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, EPA is finalizing the incorporation by reference of Maryland’s new regulations for AIM coatings in COMAR 26.11.39. Therefore, these materials have been approved by EPA for inclusion in the SIP, have been incorporated by reference by EPA into that plan, are fully federally enforceable under sections 110 and 113 of the CAA as of the effective date of the final rulemaking of EPA’s approval, and will be incorporated by reference by the Director of the Federal Register in the next update to the SIP compilation.1 EPA has made, and will continue to make, these materials generally available through https:// www.regulations.gov and/or at the EPA Region III Office (please contact the person identified in the FOR FURTHER INFORMATION CONTACT section of this preamble for more information). V. Statutory and Executive Order Reviews asabaliauskas on DSK3SPTVN1PROD with RULES 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: 1 62 • Is not a ‘‘significant regulatory action’’ subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); • 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 July 7, 2017. 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 pertaining to Maryland’s new regulations for AIM coatings under COMAR 26.11.39 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: March 5, 2017. Cecil Rodrigues, Acting 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: ■ a. Removing the heading ‘‘26.11.33 Architectural Coatings’’ and the entries ‘‘26.11.33.01–26.11.33.14.’’ ■ b. Adding the heading ‘‘26.11.39 Architectural and Industrial Maintenance (AIM) Coatings’’ and the entries ‘‘26.11.39.01–26.11.39.08’’ in numerical order. The additions read as follows: ■ § 52.1070 * Identification of plan. * * (c) * * * FR 27968 (May 22, 1997). VerDate Sep<11>2014 14:41 May 05, 2017 Jkt 241001 PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 21313 E:\FR\FM\08MYR1.SGM 08MYR1 * * 21314 Federal Register / Vol. 82, No. 87 / Monday, May 8, 2017 / Rules and Regulations EPA—APPROVED REGULATIONS, TECHNICAL MEMORANDA, AND STATUTES IN THE MARYLAND SIP Code of Maryland administrative regulations (COMAR) citation State effective date * * * 26.11.39 * Applicability and Exemptions ........................ 4/25/16 26.11.39.02 ................ Test Methods-Incorporation by Reference ... 4/25/16 26.11.39.03 ................ Definitions ...................................................... 4/25/16 26.11.39.04 ................ General Requirements and Standards ......... 4/25/16 26.11.39.05 ................ VOC Content Limits ...................................... 4/25/16 26.11.39.06 ................ Container Labeling Requirements ................ 4/25/16 26.11.39.07 ................ Reporting Requirements ............................... 4/25/16 26.11.39.08 ................ Compliance Procedures ................................ 4/25/16 * * * * * * * [FR Doc. 2017–09184 Filed 5–5–17; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 160426363–7275–02] RIN 0648–XF351 Coastal Migratory Pelagic Resources of the Gulf of Mexico and Atlantic Region; Reopening of the Commercial Sector in the Western, Northern, and Southern (Gillnet) Zones for King Mackerel in the Gulf of Mexico National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; reopening. AGENCY: NMFS reopens the commercial sector for king mackerel in the western and northern zones, and the run-around gillnet component in the southern zone of the Gulf of Mexico (Gulf) exclusive economic zone (EEZ) through this temporary rule. NMFS recently published a final rule that modified the zones and annual catch limits (ACLs) for king mackerel in the Gulf EEZ, which increased the commercial quotas for king mackerel. This final rule will be effective on May asabaliauskas on DSK3SPTVN1PROD with RULES SUMMARY: VerDate Sep<11>2014 17:30 May 05, 2017 Jkt 241001 * * * * Architectural and Industrial Maintenance (AIM) Coatings 26.11.39.01 ................ * Additional explanation/ citation at 40 CFR 52.1100 EPA approval date * Title/subject * 5/8/17, [insert Federal Register citation]. 5/8/17, [insert Federal Register citation]. 5/8/17, [insert Federal Register citation]. 5/8/17, [insert Federal Register citation]. 5/8/17, [insert Federal Register citation]. 5/8/17, [insert Federal Register citation]. 5/8/17, [insert Federal Register citation]. 5/8/17, [insert Federal Register citation]. * 11, 2017. Therefore, NMFS is reopening the western, northern, and southern (gillnet) zones of the Gulf EEZ because there is available king mackerel commercial quota to harvest in these zones at 12:01 a.m., local time, on May 11, 2017, through the end of the respective 2016–2017 fishing year or until the applicable commercial quotas are reached, whichever happens first. NMFS intends through this temporary rule to maximize harvest benefits for the king mackerel commercial sector in the Gulf by allowing the commercial quotas to be caught. DATES: This rule is effective for the western, northern, and southern (gillnet) zones in the Gulf EEZ at 12:01 a.m., local time, on May 11, 2017. Unless changed by subsequent notification in the Federal Register, the effectiveness of this temporary rule continues until 12:01 a.m., local time, on July 1, 2017, for the western and southern (gillnet) zones, and for the northern zone, the effectiveness continues until 12:01 a.m., local time, on October 1, 2017. FOR FURTHER INFORMATION CONTACT: Kelli O’Donnell, NMFS Southeast Regional Office, phone: 727–824–5305, email: kelli.odonnell@noaa.gov. SUPPLEMENTARY INFORMATION: The fishery for coastal migratory pelagic fish includes king mackerel, Spanish mackerel, and cobia, and is managed under the Fishery Management Plan for the Coastal Migratory Pelagic Resources of the Gulf of Mexico and Atlantic Region (FMP). The FMP was prepared PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 by the Gulf of Mexico and South Atlantic Fishery Management Councils and is implemented by NMFS under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) by regulations at 50 CFR part 622. Under 50 CFR 622.388(a)(1), NMFS is required to close the king mackerel commercial sector for the applicable zone or gear type for the remainder of the fishing year if landings reach, or are projected to reach, the applicable commercial quotas by filing a notification to that effect with the Office of the Federal Register. With the exception of the Florida east coast subzone, NMFS previously projected that the commercial quotas for Gulf migratory group king mackerel (Gulf king mackerel) would be reached for each of the other zones and published temporary rules to close the zones to commercial harvest in the Gulf EEZ prior to the end of the 2016–2017 fishing years. On October 14, 2016, NMFS closed the commercial sector for king mackerel in the western zone (81 FR 71410, October 17, 2016). On November 10, 2016, NMFS closed the commercial sector for king mackerel in the Florida west coast northern subzone of the eastern zone (81 FR 78941, November 10, 2016). On February 10, 2017, NMFS closed the commercial sector for king mackerel in the Florida west coast southern subzone of the eastern zone for run- E:\FR\FM\08MYR1.SGM 08MYR1

Agencies

[Federal Register Volume 82, Number 87 (Monday, May 8, 2017)]
[Rules and Regulations]
[Pages 21312-21314]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-09184]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2016-0454; FRL-9961-25-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; New Regulations for Architectural and Industrial Maintenance 
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. 
This revision pertains to a provision establishing new volatile organic 
compound (VOC) content limits and standards for architectural and 
industrial maintenance (AIM) coatings available for sale and use in 
Maryland. This action is being taken under the Clean Air Act (CAA).

DATES: This final rule is effective on June 7, 2017.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2016-0454. All documents in the docket are listed on 
the https://www.regulations.gov Web site. Although listed in the index, 
some information is not publicly available, e.g., 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 through 
https://www.regulations.gov, or please contact the person identified in 
the FOR FURTHER INFORMATION CONTACT section for additional availability 
information.

FOR FURTHER INFORMATION CONTACT: Irene Shandruk, (215) 814-2166, or by 
email at shandruk.irene@epa.gov.

SUPPLEMENTARY INFORMATION: 

I. Background

    In 2001, the Ozone Transport Commission (OTC), in collaboration 
with the Ozone Transport Region (OTR) states, developed several 
emission reduction measures, including a VOC model rule for AIM 
coatings (known as the Phase I AIM model rule), which addressed VOC 
reductions in the OTR. In 2004, consistent with the OTC Phase I AIM 
model rule, Maryland adopted COMAR 26.11.33--Architectural Coatings, 
which established VOC content limits, recordkeeping and labeling 
requirements, and standard practices for use and application of 
coatings used in architectural and industrial maintenance.
    The Phase I AIM model rule was replaced with an amended OTC model 
rule in 2011 (known as the Phase II AIM model rule). The Phase II AIM 
model rule was developed for states that needed additional VOC emission 
reductions in order to meet the ozone national ambient air quality 
standards (NAAQS). Consistent with the Phase II AIM model rule, 
Maryland developed and adopted COMAR 26.11.39--Architectural and 
Industrial Maintenance Coatings, which is an updated version of COMAR 
26.11.33.
    On June 27, 2016, the Maryland Department of the Environment (MDE) 
submitted to EPA a SIP revision (16-09) containing new AIM regulations 
.01 through .08 under COMAR 26.11.39--Architectural and Industrial 
Maintenance Coatings to be included in the Maryland SIP and requesting 
removal of COMAR 26.11.33 from the SIP, as COMAR 26.11.39 supercedes 
COMAR 26.11.33. On November 28, 2016 (81 FR 85455), EPA published a 
notice of proposed rulemaking (NPR) proposing approval of Maryland's 
new AIM regulations.

II. Summary of SIP Revision

    The new AIM regulations apply to any person who manufactures, 
blends, thins, supplies, sells, offers for sale, repackages for sale, 
or applies architectural and industrial maintenance coatings in 
Maryland. Maryland's new AIM regulations establish more stringent VOC 
content limits (Table 1) and standards for AIM coating categories than 
in COMAR 26.11.33, as well as establish container labeling 
requirements, reporting requirements, and compliance procedures. The 
requirements of COMAR 26.11.39 supersede those of COMAR 26.11.33. Other 
specific requirements and the rationale for EPA's proposed action are 
explained in the NPR and technical support document for this rulemaking 
and will not be restated here. No public comments were received on the 
NPR.

Table 1--VOC Content Limits Under COMAR 26.11.39 for Various AIM Coating
                               Categories
------------------------------------------------------------------------
                                                          Maryland's new
                                                            VOC content
    Architectural and industrial maintenance coatings     limits (grams/
                        category                           liter) under
                                                          COMAR 26.11.39
------------------------------------------------------------------------
Flat coatings...........................................              50
Non-flat coatings.......................................             100
Non-flat--high gloss coatings...........................             150
------------------------------------------------------------------------
                           Specialty Coatings
------------------------------------------------------------------------
Aluminum roof coatings..................................             450
Basement specialty coatings.............................             400
Bituminous roof coatings................................             270
Bituminous roof primers.................................             350
Bond breakers...........................................             350
Calcimine recoater......................................             475
Concrete curing compounds...............................             350
Concrete/masonry sealers................................             100
Concrete surface retarders..............................             780
Conjugated oil varnish..................................             450
Conversion varnish......................................             725
Driveway sealers........................................              50
Dry fog coatings........................................             150
Faux finishing coatings.................................             350
Fire-resistive coatings.................................             350
Floor coatings..........................................             100
Form-release coatings...................................             250
Graphic arts coatings (Sign paints).....................             500
High-temperature coatings...............................             420
Impacted immersion coatings.............................             780
Industrial maintenance coatings.........................             250
Low-solids coatings.....................................             120
Magnesite cement coatings...............................             450
Mastic texture coatings.................................             100
Metallic pigmented coatings.............................             500
Multi-color coatings....................................             250
Nuclear coatings........................................             450
Pre-treatment wash primers..............................             420
Primers, sealers, and undercoaters......................             100
Reactive penetrating sealers............................             350
Reactive penetrating carbonate stone sealers............             500
Recycled coatings.......................................             250
Roof coatings...........................................             250
Rust preventative coatings..............................             250
------------------------------------------------------------------------
                                Shellacs
------------------------------------------------------------------------
Clear...................................................             730
Opaque..................................................             550
Specialty primers, sealers, and undercoaters............             100
Stains..................................................             250
Stone consolidant.......................................             450
Swimming pool coatings..................................             340
Thermoplastic rubber coatings and mastic................             550
Traffic marking coatings................................             100
Tub and tile refinish coatings..........................             420
Waterproofing membranes.................................             250
Wood coatings...........................................             275
Wood preservatives......................................             350
Zinc-rich primers.......................................             340
------------------------------------------------------------------------


[[Page 21313]]

III. Final Action

    EPA is approving Maryland's June 27, 2016 SIP submittal with new 
regulations for AIM coatings under COMAR 26.11.39, and adding these 
regulations to the Maryland SIP. With this approval, EPA is also 
removing COMAR 26.11.33 from the Maryland SIP. COMAR 26.11.39 
establishes VOC content limits and requirements for certain AIM coating 
categories which are more stringent than limits previously found in 
COMAR 26.11.33. Therefore, EPA believes these new regulations in the 
SIP strengthen the Maryland SIP and should lead to additional VOC 
reductions, which will reduce ozone formation and assist Maryland with 
attaining and maintaining the ozone NAAQS.

IV. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, EPA is finalizing the incorporation by reference of Maryland's 
new regulations for AIM coatings in COMAR 26.11.39. Therefore, these 
materials have been approved by EPA for inclusion in the SIP, have been 
incorporated by reference by EPA into that plan, are fully federally 
enforceable under sections 110 and 113 of the CAA as of the effective 
date of the final rulemaking of EPA's approval, and will be 
incorporated by reference by the Director of the Federal Register in 
the next update to the SIP compilation.\1\ EPA has made, and will 
continue to make, these materials generally available through https://www.regulations.gov and/or at the EPA Region III Office (please contact 
the person identified in the FOR FURTHER INFORMATION CONTACT section of 
this preamble for more information).
---------------------------------------------------------------------------

    \1\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------

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 Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     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 July 7, 2017. 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 pertaining to Maryland's new regulations for AIM 
coatings under COMAR 26.11.39 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: March 5, 2017.
Cecil Rodrigues,
Acting 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:
0
a. Removing the heading ``26.11.33 Architectural Coatings'' and the 
entries ``26.11.33.01-26.11.33.14.''
0
b. Adding the heading ``26.11.39 Architectural and Industrial 
Maintenance (AIM) Coatings'' and the entries ``26.11.39.01-
26.11.39.08'' in numerical order.
    The additions read as follows:


Sec.  52.1070  Identification of plan.

* * * * *
    (c) * * *

[[Page 21314]]



                                    EPA--Approved Regulations, Technical Memoranda, and Statutes in the Maryland SIP
--------------------------------------------------------------------------------------------------------------------------------------------------------
 Code of Maryland administrative                                   State                                             Additional explanation/ citation at
   regulations (COMAR) citation          Title/subject        effective date            EPA approval date                      40 CFR 52.1100
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                            26.11.39 Architectural and Industrial Maintenance (AIM) Coatings
--------------------------------------------------------------------------------------------------------------------------------------------------------
26.11.39.01......................  Applicability and                 4/25/16  5/8/17, [insert Federal Register
                                    Exemptions.                                citation].
26.11.39.02......................  Test Methods-                     4/25/16  5/8/17, [insert Federal Register
                                    Incorporation by                           citation].
                                    Reference.
26.11.39.03......................  Definitions..............         4/25/16  5/8/17, [insert Federal Register
                                                                               citation].
26.11.39.04......................  General Requirements and          4/25/16  5/8/17, [insert Federal Register
                                    Standards.                                 citation].
26.11.39.05......................  VOC Content Limits.......         4/25/16  5/8/17, [insert Federal Register
                                                                               citation].
26.11.39.06......................  Container Labeling                4/25/16  5/8/17, [insert Federal Register
                                    Requirements.                              citation].
26.11.39.07......................  Reporting Requirements...         4/25/16  5/8/17, [insert Federal Register
                                                                               citation].
26.11.39.08......................  Compliance Procedures....         4/25/16  5/8/17, [insert Federal Register
                                                                               citation].
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2017-09184 Filed 5-5-17; 8:45 am]
BILLING CODE 6560-50-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.