Approval and Promulgation of Air Quality Implementation Plans; Maryland; New Regulations for Architectural and Industrial Maintenance Coatings, 21312-21314 [2017-09184]
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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
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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
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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
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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.
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(c) * * *
FR 27968 (May 22, 1997).
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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
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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
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[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:
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*
*
*
*
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
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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
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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]
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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
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Code of Maryland administrative State Additional explanation/ citation at
regulations (COMAR) citation Title/subject effective date EPA approval date 40 CFR 52.1100
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
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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].
* * * * * * *
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* * * * *
[FR Doc. 2017-09184 Filed 5-5-17; 8:45 am]
BILLING CODE 6560-50-P