Approval and Promulgation of Air Quality Implementation Plans; Maryland; Amendment to Control of Emissions of Volatile Organic Compounds From Consumer Products, 39009-39012 [2018-16776]

Download as PDF Federal Register / Vol. 83, No. 153 / Wednesday, August 8, 2018 / Proposed Rules Airbus Helicopters (Previously Eurocopter France): Docket No. FAA–2018–0669; Product Identifier 2017–SW–041–AD. (a) Applicability This AD applies to the following helicopters, certificated in any category: (1) Model AS350B3 helicopters with an ARRIEL 2B1 engine with the two-channel Full Authority Digital Engine Control (FADEC) and with new twist grip modification (MOD) 073254 or with an ARRIEL 2D engine installed; (2) Model EC130B4 helicopters with an ARRIEL 2B1 engine with the two-channel FADEC and with new twist grip MOD 073773 installed; and (3) Model EC130T2 helicopters with an ARRIEL 2D engine installed. (b) Unsafe Condition This AD defines the unsafe condition as failure of one of the two contactors, 53Ka or 53Kb, which can prevent switching from ‘‘IDLE’’ mode to ‘‘FLIGHT’’ mode during autorotation training making it impossible to recover from a practice autorotation and compelling the pilot to continue the autorotation to the ground. This condition could result in unintended touchdown to the ground at a flight-idle power setting during a practice autorotation, damage to the helicopter, and injury to occupants. (c) Affected ADs This AD replaces AD 2016–25–19, Amendment 39–18745 (81 FR 95854, December 29, 2016). (d) Comments Due Date We must receive comments by October 9, 2018. amozie on DSK3GDR082PROD with PROPOSALS (e) Compliance You are responsible for performing each action required by this AD within the specified compliance time unless it has already been accomplished prior to that time. (f) Required Actions (1) Before the next practice autorotation or within 100 hours time-in-service (TIS), whichever occurs first, inspect the wiring, perform an insulation test, inspect the pilot and copilot throttle twist grip controls, and test the pilot and copilot throttle twist grip controls for proper functioning by following the Accomplishment Instructions, paragraph 3.B.1 through 3.B.6, of Airbus Helicopters Emergency Alert Service Bulletin (EASB) No. 05.00.61, Revision 3, dated June 15, 2015, for Model AS350B3 helicopters with an ARRIEL 2B1 engine; EASB No. 05.00.77, Revision 1, dated June 15, 2015, for Model AS350B3 helicopters with an ARRIEL 2D engine; EASB No. 05A009, Revision 3, dated June 15, 2015, for Model EC130B4 helicopters; or EASB No. 05A014, Revision 1, dated June 15, 2015, for Model EC130T2 helicopters, as appropriate for your model helicopter. (2) Repeat the inspections in paragraph (f)(1) of this AD at intervals not to exceed the following compliance times. For purposes of this AD, salt laden conditions exist when a helicopter performs a flight from a takeoff and landing area, heliport, or airport less than 0.5 statute mile from salt water or VerDate Sep<11>2014 19:48 Aug 07, 2018 Jkt 244001 performs a flight within 0.5 statute mile from salt water below an altitude of 1,000 ft. above ground or sea level. (i) For helicopters that have operated in salt laden conditions since the previous inspection required by this AD, at intervals not to exceed 330 hours TIS. (ii) For helicopters that have not operated in salt laden conditions since the previous inspection required by this AD, at intervals not to exceed 660 hours TIS. (g) Alternative Methods of Compliance (AMOCs) (1) The Manager, Safety Management Section, Rotorcraft Standards Branch, FAA, may approve AMOCs for this AD. Send your proposal to: George Schwab, Aviation Safety Engineer, Safety Management Group, Rotorcraft Directorate, 10101 Hillwood Parkway, Fort Worth, Texas 76177; telephone (817) 222–5110; email 9-ASW-FTW-AMOCRequests@faa.gov. (2) For operations conducted under a 14 CFR part 119 operating certificate or under 14 CFR part 91, subpart K, we suggest that you notify your principal inspector, or lacking a principal inspector, the manager of the local flight standards district office or certificate holding district office before operating any aircraft complying with this AD through an AMOC. (h) Additional Information The subject of this AD is addressed in European Aviation Safety Agency (EASA) AD No. 2017–0059, dated April 6, 2017. You may view the EASA AD on the internet at https:// www.regulations.gov in the AD Docket. (i) Subject Joint Aircraft Service Component (JASC) Code: 7697 Engine Control System Wiring. Issued in Fort Worth, Texas, on July 11, 2018. Scott A. Horn, Deputy Director for Regulatory Operations, Compliance & Airworthiness Division, Aircraft Certification Service. [FR Doc. 2018–16494 Filed 8–7–18; 8:45 am] BILLING CODE 4910–13–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R03–OAR–2018–0153; FRL–9981– 76—Region 3] Approval and Promulgation of Air Quality Implementation Plans; Maryland; Amendment to Control of Emissions of Volatile Organic Compounds From Consumer Products Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: The Environmental Protection Agency (EPA) is proposing to approve a state implementation plan (SIP) revision SUMMARY: PO 00000 Frm 00028 Fmt 4702 Sfmt 4702 39009 submitted by the State of Maryland. This revision pertains to Code of Maryland Regulations (COMAR) 26.11.32—Control of Emissions of Volatile Organic Compounds (VOCs) from Consumer Products. This action is being taken under the Clean Air Act (CAA). DATES: Written comments must be received on or before September 7, 2018. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R03– OAR–2018–0153 at https:// www.regulations.gov, or via email to Susan Spielberger, Associate Director, Office of Air Planning and Programs, Spielberger.Susan@epa.gov. For comments submitted at Regulations.gov, follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. For either manner of submission, EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be confidential business information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. EPA will generally not consider comments or comment contents located outside of the primary submission (i.e. on the web, cloud, or other file sharing system). For additional submission methods, please contact the person identified in the FOR FURTHER INFORMATION CONTACT section. For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https://www2.epa.gov/dockets/ commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Gregory Becoat (215) 814–2036, or by email at becoat.gregory@epa.gov. SUPPLEMENTARY INFORMATION: On November 16, 2017, the Maryland Department of Environment (MDE) submitted a revision to its SIP for COMAR 26.11.32—Control of Emissions of Volatile Organic Compounds from Consumer Products. The amendment is part of Maryland’s strategy to achieve and maintain the 8-hour ozone national ambient air quality standards (NAAQS) throughout the State. I. Background EPA has designated certain areas within Maryland as nonattainment for the 2008 ozone NAAQS. See 40 CFR E:\FR\FM\08AUP1.SGM 08AUP1 amozie on DSK3GDR082PROD with PROPOSALS 39010 Federal Register / Vol. 83, No. 153 / Wednesday, August 8, 2018 / Proposed Rules 81.321. Also, all of Maryland is included in the Ozone Transport Region (OTR) and is therefore treated as a moderate nonattainment area for ozone. See CAA section 184(a), (b)(2), 42 U.S.C. 7511c(a), (b)(2). Therefore, Maryland must continue to enact regulations to gain further reductions of the emissions of VOCs, a class of compounds that are precursors to ground-level ozone. Ozone is formed in the atmosphere by photochemical reactions between VOCs and oxides of nitrogen (NOX) in the presence of sunlight. In order to reduce ozone concentrations, the CAA requires control of VOC and NOX emission sources to achieve VOC and/or NOX emission reductions in nonattainment areas. In December 1999, EPA identified emission reduction shortfalls in several severe 1-hour ozone nonattainment areas, including those located in the OTR. The Ozone Transport Commission (OTC) developed model rules for a number of source categories. One of the model rules was to reduce VOC emissions from consumer products. The OTC model rules are based on existing rules developed by the California Air Resources Board (CARB) in 2001 (See ‘‘OTC Model Rule for Consumer Products,’’ issued March 28, 2001, revised November 29, 2001, and April 23, 2002), which were then analyzed and modified by OTC-formed workgroups to address emission reduction needs in the OTR. The 2001 OTC model rule set VOC emission limits on nearly 80 percent of the consumer product categories. Maryland adopted the 2001 OTC model rule for consumer products under COMAR 26.11.32—Control of Emissions of Volatile Organic Compounds from Consumer Products, on August 18, 2003. EPA approved Maryland’s adopted regulation COMAR 26.11.32 as part of the SIP on December 8, 2004 (69 FR 70895). The OTC model rule for consumer products was amended on September 19, 2006, based upon changes by CARB in 2005. Maryland adopted the amended 2006 OTC model rule for consumer products under COMAR 26.11.32—Control of Emissions of Volatile Organic Compounds from Consumer Products, on June 8, 2007. The amended model rule added fourteen consumer product categories with new product category definitions and VOC limits; revised one previously regulated category with a more restrictive VOC limit; and established additional requirements for two previously regulated categories. EPA approved Maryland’s amended regulation into the SIP on December 10, 2007 (72 FR 69621). Maryland again VerDate Sep<11>2014 18:59 Aug 07, 2018 Jkt 244001 amended its consumer products regulation and on October 18, 2010 (75 FR 63717), EPA approved Maryland’s SIP revision to COMAR 26.11.32— Control of Emissions of Volatile Organic Compounds from Consumer Products. This SIP revision added and amended definitions; added VOC content limits for an additional 11 categories of consumer products; and revised the VOC content limits for one category of consumer products that was already regulated. MDE’s November 16, 2017 SIP revision asks EPA to approve into the SIP recent amendments to COMAR 26.11.32—Control of Emissions of Volatile Organic Compounds from Consumer Products, in order to institute the requirements of the 2010 and 2014 OTC model rules for consumer products. The 2010 and 2014 model rules were developed as part of a regional effort to attain and maintain the 8-hour ozone NAAQS, and reduce 8hour ozone levels. The 2010 OTC model rule reflected changes made by the 2006 CARB rule. The 2014 OTC model rule reflected changes made by the 2009 CARB rule. The OTC model rules further enhance VOC standards for specific consumer products and introduces VOC standards for new products. The amendments to COMAR 26.11.32—Control of Emissions of Volatile Organic Compounds from Consumer Products, consists of updates to the VOC content limits and standards for a variety of consumer product categories, including personal care products, household products, automotive cleaners, and adhesives. The regulations set forth content and labeling requirements for flammable multi-purpose solvents and paint thinners. In addition, the regulations prohibit the sale, offer for sale, supply, or manufacture for use in the State of certain products manufactured on or after January 1 that contain methylene chloride, perchloroethylene, or trichloroethylene. These products include any bathroom and tile cleaner, construction panel and floor covering adhesive, electronic cleaner labeled ‘‘Energized Electronic Equipment use only,’’ general purpose cleaner, or oven or grill cleaner. The amendments also establish VOC standards for 11 new consumer product categories. In addition, the amendments further strengthen the VOC standards for 15 consumer product categories based on improved reformulations of these products that are capable of achieving lower VOC emissions while demonstrating an ability to maintain performance specifications for the PO 00000 Frm 00029 Fmt 4702 Sfmt 4702 products. The amendments also incorporate new definitions and numerous modifications to existing definitions to improve clarity. In particular, MDE amended the structure of the definition, exemptions, and VOC standard for the artist’s thinner/solvent consumer product category without changing the regulatory language, which remains consistent with the 2009 CARB rule and the 2014 OTC model rule. It is important to note that the 2006 CARB rule eliminated the ‘‘hair styling gel’’ category and now considers gels to fall under ‘‘hair styling product—all other forms.’’ Moving gels under the ‘‘hair styling product—all other forms’’ category reduced the VOC limit from 6 to 2 percent VOC by weight. The 2014 OTC model rule did not address this amendment as intended; however, MDE amended ‘‘hair styling gel’’ to be included under the ‘‘hair styling product—all other forms’’ category to meet the VOC limit of 2 percent VOC by weight in order to remain consistent with CARB. II. Summary of SIP Revision and EPA Analysis The SIP revision consists of Maryland’s revision to regulations .01– .06, .08, .12, .14, .16, and the addition of a new regulation .05–1, under COMAR 26.11.32—Control of Emissions of VOCs from Consumer Products. Generally, the regulations establish or amend VOC content limits and standards for a variety of consumer product categories, including personal care products, household products, automotive cleaners, and adhesives, in order to be consistent with the CARB and OTC model rules. The regulations also, among other things: 1. Set forth content and labeling requirements for flammable multipurpose solvent and paint thinner; 2. prohibit the sale, offer for sale, supply, or manufacture for use in the State of specified products that contain methylene chloride, perchloroethylene, or trichloroethylene, which are compounds that are potential carcinogens; and 3. make various updates to the applicability provisions, documents incorporated by reference, definitions, reporting requirements, exemptions, and test methods. Substantial amendments were made to COMAR 26.11.32.04—Standards— General, to establish that a person may not sell, supply, offer for sale, or manufacture for sale in the State a consumer product that contains VOCs in excess of limits specified in COMAR 26.11.32.04B based on the CARB and OTC model rules. The following 11 E:\FR\FM\08AUP1.SGM 08AUP1 amozie on DSK3GDR082PROD with PROPOSALS Federal Register / Vol. 83, No. 153 / Wednesday, August 8, 2018 / Proposed Rules consumer products categories were added, including the VOC standards limits in parentheses based on percent VOC by weight: (1) Dual Purpose Air freshener/Disinfectant, Aerosol (60); (2) Anti-Static Product, Aerosol (80); (3) Artist’s Solvent/Thinner (3); (4) Automotive Windshield Cleaner (35); (5) Disinfectant, Aerosol (70); (6) Disinfectant, Non-Aerosol (1); (7) MultiPurpose Solvent (3); (8) Paint Thinner (3); (9) Sanitizer, Aerosol (70); (10) Sanitizer, Non-Aerosol (1); and (11) Temporary Hair Color, Aerosol (55). The following existing 15 consumer products categories were amended, including the VOC content limits in parentheses based on percent VOC by weight: (1) Adhesive—Construction, Panel and Floor (7); (2) Automotive Brake Cleaner (category changed to Brake Cleaner (10); (3) Bathroom and Tile Cleaner, All Other Forms (subcategory changed to Non-Aerosol (1); (4) Carburetor or Fuel-Injection Air Intake Cleaner (10); (5) Engine Degreaser, Aerosol (10); (6) Floor Polish/ Wax, Resilient Flooring Material (1); (7) Floor Polish/Wax, Non-resilient Flooring Material (1); (8) Furniture Maintenance Product, All Other Forms (subcategory changed to Non-Aerosol) (3); (9) General Purpose Cleaner, Aerosol (8); (10) General Purpose Degreaser, Aerosol (10); and (11) Laundry Starch/Sizing/Fabric Finish Product (4.5); (12) Nail Polish Remover (1); (13) Oven or Grill Cleaner, NonAerosol (subcategory changed to NonAerosol) (4); (14) Oven or Grill Cleaner, Aerosol (8); and (15) Shaving Gel (4). In addition to these revised and new standards, Maryland added a requirement for ‘‘flammable and extremely flammable multi-purpose solvent and paint thinner,’’ to meet the formulated California VOC limits. The revision will continue to help Maryland attain and maintain the eight-hour ozone standard for the 2008 NAAQS. The revision is expected to result in estimated statewide VOC emissions reduction potential of approximately 6.3 tons per day through the implementation of standards for new and existing forms of consumer products. This estimate is based on the proposed emissions benefit methodology of CARB and OTC model rules. Further details of Maryland’s regulation revisions and the CARB and OTC model rules for consumer products can be found in the docket of this proposed rulemaking EPA–R03–OAR– 2018–0153 on www.regulations.gov. VerDate Sep<11>2014 18:59 Aug 07, 2018 Jkt 244001 III. Proposed Action EPA is proposing to approve MDE’s amendments to COMAR 26.11.32— Control of Emissions of VOCs from Consumer Products, that adopts the VOC limits established in the 2010 and 2014 OTC model rules for consumer products, based on the 2006 and 2009 CARB rules; respectively (with the exception of the previously discussed ‘‘hair styling gel’’ category). The OTR estimated regional VOC emission reductions of approximately 15 percent if all OTR states, including Maryland, adopts the 2010 and 2014 model rules. EPA’s review of this material indicates that the revisions made to COMAR 26.11.32—Control of Emissions of VOCs from Consumer Products, meet the SIP revision requirements of the CAA. EPA is proposing to approve the State of Maryland’s SIP revision for the control of emissions of VOCs from consumer products, which was submitted on November 19, 2017. EPA is soliciting public comments on the proposed adoption of these changes into the Maryland SIP. IV. Incorporation by Reference In this proposed rule, EPA is proposing to include in a final EPA rule regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, EPA is proposing to incorporate by reference the specific provisions of the Maryland rule discussed in section II of this preamble. EPA has made, and will continue to make, these materials generally available through https:// www.regulations.gov and 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 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 proposed action: • Is not a ‘‘significant regulatory action’’ subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, PO 00000 Frm 00030 Fmt 4702 Sfmt 4702 39011 October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); • Is not an Executive Order 13771 (82 FR 9339, February 2, 2017) regulatory action because SIP approvals are exempted under Executive Order 12866. • 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 proposed rule, to approve amendments to the State of Maryland’s COMAR 26.11.32—Control of Emissions of Volatile Organic Compounds from Consumer Products, 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. List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Consumer products, Incorporation by reference, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. E:\FR\FM\08AUP1.SGM 08AUP1 39012 Federal Register / Vol. 83, No. 153 / Wednesday, August 8, 2018 / Proposed Rules Dated: July 24, 2018. Cecil Rodrigues, Acting Regional Administrator, Region III. Program. We are taking comments on this proposal and a final action will follow. [FR Doc. 2018–16776 Filed 8–7–18; 8:45 am] DATES: BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R09–OAR–2018–0413; FRL–9981– 73—Region 9] Revisions to California State Implementation Plan; South Coast Air Quality Management District; Stationary Source Permits Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: The Environmental Protection Agency (EPA) is proposing action on a revision to the South Coast Air Quality Management District (SCAQMD or District) portion of the California State Implementation Plan (SIP). We are proposing a conditional approval of an update to provisions governing issuance of permits for stationary sources, including review and permitting of major sources and major modifications under part D of title I of the Clean Air Act (CAA). Specifically, the revision pertains to SCAQMD Rule 1325— Federal PM2.5 New Source Review SUMMARY: Any comments must arrive by September 7, 2018. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R09– OAR–2018–0413 at https:// www.regulations.gov, or via email to R9AirPermits@epa.gov. For comments submitted at Regulations.gov, follow the online instructions for submitting comments. Once submitted, comments cannot be removed or edited from Regulations.gov. For either manner of submission, the EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission (i.e. on the web, cloud, or other file sharing system). For additional submission methods, please contact the person identified in the FOR FURTHER INFORMATION CONTACT section. For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https://www2.epa.gov/dockets/ commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Laura Yannayon, EPA Region 9, (415) 972–3534, yannayon.laura@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document, the terms ‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to EPA. Table of Contents I. The State’s Submittal A. What rule did the State submit? B. Are there other versions of this rule? C. What is the purpose of the submitted rule? II. The EPA’s Evaluation A. How is the EPA evaluating the rule? B. Does the rule meet the evaluation criteria? III. Proposed Action and Public Comment IV. Incorporation by Reference V. Statutory and Executive Order Reviews I. The State’s Submittal A. What rule did the State submit? Table 1 lists the rule addressed by this proposal with the date it was adopted by SCAQMD and submitted by the California Air Resources Board (CARB), the governor’s designee for California SIP submittals. Rule 1325 contains the District’s New Source Review (NSR) permit program applicable to new and modified major sources emitting fine particulate matter (PM2.5) and PM2.5 precursors. TABLE 1—SUBMITTED RULE Rule No. Rule title 1325 ............... Federal PM2.5 New Source Review Program ............................................................................. On November 1, 2017, CARB’s May 8, 2017 submittal of Rule 1325 was deemed to meet the completeness criteria in 40 CFR part 51, appendix V. Completeness criteria must be met before formal EPA review. amozie on DSK3GDR082PROD with PROPOSALS B. Are there other versions of this rule? The current SIP contains a version of Rule 1325—Federal PM2.5 New Source Review Program, approved into the SIP on May 1, 2015 (80 FR 24821). Consistent with the District’s stated intent to have the submitted rule replace the existing SIP-approved rule in its entirety, EPA’s conditional approval of the rule identified above in Table 1 would have the effect of entirely superseding our prior approval of the same rule in the current SIP-approved program. VerDate Sep<11>2014 18:59 Aug 07, 2018 Jkt 244001 Amended 11/4/16 Submitted 5/8/17 C. What is the purpose of the submitted rule? Requirements (‘‘2016 Implementation Rule’’).1 For areas designated as nonattainment for one or more National Ambient Air Quality Standards (NAAQS), the SIP must include preconstruction permit requirements for new or modified major stationary sources of such nonattainment pollutant(s), commonly referred to as ‘‘Nonattainment New Source Review’’ (NNSR). CAA 172(c)(5). SCAQMD Rule 1325 addresses NNSR permit requirements for major sources of PM2.5. Rule 1325 has been amended to address SCAQMD’s reclassification from a Moderate to a Serious PM2.5 nonattainment area and to implement additional provisions pertaining to precursors, as promulgated in EPA’s rule entitled Fine Particulate Matter National Ambient Air Quality Standards: State Implementation Plan II. The EPA’s Evaluation and Action PO 00000 Frm 00031 Fmt 4702 Sfmt 4702 A. How is the EPA evaluating the rule? Under EPA’s 2016 Implementation Rule, which implements the D.C. Circuit court’s January 2013 decision in NRDC v. EPA,2 areas classified as nonattainment for any PM2.5 NAAQS are required to comply with the parts of CAA subpart 4 section 189(e) 3 that require the control of major stationary sources of PM10 precursors (and hence under the court decision, PM2.5 precursors) ‘‘except where the Administrator determines that such sources do not contribute significantly 1 81 FR 58010, August 24, 2016. F.3d 428 (D.C. Cir. 2013). 3 This requirement was codified in 40 CFR 51.165(a)(13). See 81 FR 58010, August 24, 2016. 2 706 E:\FR\FM\08AUP1.SGM 08AUP1

Agencies

[Federal Register Volume 83, Number 153 (Wednesday, August 8, 2018)]
[Proposed Rules]
[Pages 39009-39012]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-16776]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2018-0153; FRL-9981-76--Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; Amendment to Control of Emissions of Volatile Organic 
Compounds From Consumer Products

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a state implementation plan (SIP) revision submitted by the 
State of Maryland. This revision pertains to Code of Maryland 
Regulations (COMAR) 26.11.32--Control of Emissions of Volatile Organic 
Compounds (VOCs) from Consumer Products. This action is being taken 
under the Clean Air Act (CAA).

DATES: Written comments must be received on or before September 7, 
2018.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2018-0153 at https://www.regulations.gov, or via email to Susan 
Spielberger, Associate Director, Office of Air Planning and Programs, 
[email protected]. For comments submitted at Regulations.gov, 
follow the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from Regulations.gov. For either 
manner of submission, EPA may publish any comment received to its 
public docket. Do not submit electronically any information you 
consider to be confidential business information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e. on the web, cloud, or other file sharing 
system). For additional submission methods, please contact the person 
identified in the FOR FURTHER INFORMATION CONTACT section. For the full 
EPA public comment policy, information about CBI or multimedia 
submissions, and general guidance on making effective comments, please 
visit https://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Gregory Becoat (215) 814-2036, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION: On November 16, 2017, the Maryland 
Department of Environment (MDE) submitted a revision to its SIP for 
COMAR 26.11.32--Control of Emissions of Volatile Organic Compounds from 
Consumer Products. The amendment is part of Maryland's strategy to 
achieve and maintain the 8-hour ozone national ambient air quality 
standards (NAAQS) throughout the State.

I. Background

    EPA has designated certain areas within Maryland as nonattainment 
for the 2008 ozone NAAQS. See 40 CFR

[[Page 39010]]

81.321. Also, all of Maryland is included in the Ozone Transport Region 
(OTR) and is therefore treated as a moderate nonattainment area for 
ozone. See CAA section 184(a), (b)(2), 42 U.S.C. 7511c(a), (b)(2). 
Therefore, Maryland must continue to enact regulations to gain further 
reductions of the emissions of VOCs, a class of compounds that are 
precursors to ground-level ozone. Ozone is formed in the atmosphere by 
photochemical reactions between VOCs and oxides of nitrogen 
(NOX) in the presence of sunlight. In order to reduce ozone 
concentrations, the CAA requires control of VOC and NOX 
emission sources to achieve VOC and/or NOX emission 
reductions in nonattainment areas.
    In December 1999, EPA identified emission reduction shortfalls in 
several severe 1-hour ozone nonattainment areas, including those 
located in the OTR. The Ozone Transport Commission (OTC) developed 
model rules for a number of source categories. One of the model rules 
was to reduce VOC emissions from consumer products. The OTC model rules 
are based on existing rules developed by the California Air Resources 
Board (CARB) in 2001 (See ``OTC Model Rule for Consumer Products,'' 
issued March 28, 2001, revised November 29, 2001, and April 23, 2002), 
which were then analyzed and modified by OTC-formed workgroups to 
address emission reduction needs in the OTR. The 2001 OTC model rule 
set VOC emission limits on nearly 80 percent of the consumer product 
categories. Maryland adopted the 2001 OTC model rule for consumer 
products under COMAR 26.11.32--Control of Emissions of Volatile Organic 
Compounds from Consumer Products, on August 18, 2003. EPA approved 
Maryland's adopted regulation COMAR 26.11.32 as part of the SIP on 
December 8, 2004 (69 FR 70895). The OTC model rule for consumer 
products was amended on September 19, 2006, based upon changes by CARB 
in 2005. Maryland adopted the amended 2006 OTC model rule for consumer 
products under COMAR 26.11.32--Control of Emissions of Volatile Organic 
Compounds from Consumer Products, on June 8, 2007.
    The amended model rule added fourteen consumer product categories 
with new product category definitions and VOC limits; revised one 
previously regulated category with a more restrictive VOC limit; and 
established additional requirements for two previously regulated 
categories. EPA approved Maryland's amended regulation into the SIP on 
December 10, 2007 (72 FR 69621). Maryland again amended its consumer 
products regulation and on October 18, 2010 (75 FR 63717), EPA approved 
Maryland's SIP revision to COMAR 26.11.32--Control of Emissions of 
Volatile Organic Compounds from Consumer Products. This SIP revision 
added and amended definitions; added VOC content limits for an 
additional 11 categories of consumer products; and revised the VOC 
content limits for one category of consumer products that was already 
regulated.
    MDE's November 16, 2017 SIP revision asks EPA to approve into the 
SIP recent amendments to COMAR 26.11.32--Control of Emissions of 
Volatile Organic Compounds from Consumer Products, in order to 
institute the requirements of the 2010 and 2014 OTC model rules for 
consumer products. The 2010 and 2014 model rules were developed as part 
of a regional effort to attain and maintain the 8-hour ozone NAAQS, and 
reduce 8-hour ozone levels. The 2010 OTC model rule reflected changes 
made by the 2006 CARB rule. The 2014 OTC model rule reflected changes 
made by the 2009 CARB rule. The OTC model rules further enhance VOC 
standards for specific consumer products and introduces VOC standards 
for new products. The amendments to COMAR 26.11.32--Control of 
Emissions of Volatile Organic Compounds from Consumer Products, 
consists of updates to the VOC content limits and standards for a 
variety of consumer product categories, including personal care 
products, household products, automotive cleaners, and adhesives. The 
regulations set forth content and labeling requirements for flammable 
multi-purpose solvents and paint thinners. In addition, the regulations 
prohibit the sale, offer for sale, supply, or manufacture for use in 
the State of certain products manufactured on or after January 1 that 
contain methylene chloride, perchloroethylene, or trichloroethylene. 
These products include any bathroom and tile cleaner, construction 
panel and floor covering adhesive, electronic cleaner labeled 
``Energized Electronic Equipment use only,'' general purpose cleaner, 
or oven or grill cleaner. The amendments also establish VOC standards 
for 11 new consumer product categories. In addition, the amendments 
further strengthen the VOC standards for 15 consumer product categories 
based on improved reformulations of these products that are capable of 
achieving lower VOC emissions while demonstrating an ability to 
maintain performance specifications for the products. The amendments 
also incorporate new definitions and numerous modifications to existing 
definitions to improve clarity. In particular, MDE amended the 
structure of the definition, exemptions, and VOC standard for the 
artist's thinner/solvent consumer product category without changing the 
regulatory language, which remains consistent with the 2009 CARB rule 
and the 2014 OTC model rule.
    It is important to note that the 2006 CARB rule eliminated the 
``hair styling gel'' category and now considers gels to fall under 
``hair styling product--all other forms.'' Moving gels under the ``hair 
styling product--all other forms'' category reduced the VOC limit from 
6 to 2 percent VOC by weight. The 2014 OTC model rule did not address 
this amendment as intended; however, MDE amended ``hair styling gel'' 
to be included under the ``hair styling product--all other forms'' 
category to meet the VOC limit of 2 percent VOC by weight in order to 
remain consistent with CARB.

II. Summary of SIP Revision and EPA Analysis

    The SIP revision consists of Maryland's revision to regulations 
.01-.06, .08, .12, .14, .16, and the addition of a new regulation .05-
1, under COMAR 26.11.32--Control of Emissions of VOCs from Consumer 
Products. Generally, the regulations establish or amend VOC content 
limits and standards for a variety of consumer product categories, 
including personal care products, household products, automotive 
cleaners, and adhesives, in order to be consistent with the CARB and 
OTC model rules. The regulations also, among other things:
    1. Set forth content and labeling requirements for flammable multi-
purpose solvent and paint thinner;
    2. prohibit the sale, offer for sale, supply, or manufacture for 
use in the State of specified products that contain methylene chloride, 
perchloroethylene, or trichloroethylene, which are compounds that are 
potential carcinogens; and
    3. make various updates to the applicability provisions, documents 
incorporated by reference, definitions, reporting requirements, 
exemptions, and test methods.
    Substantial amendments were made to COMAR 26.11.32.04--Standards--
General, to establish that a person may not sell, supply, offer for 
sale, or manufacture for sale in the State a consumer product that 
contains VOCs in excess of limits specified in COMAR 26.11.32.04B based 
on the CARB and OTC model rules. The following 11

[[Page 39011]]

consumer products categories were added, including the VOC standards 
limits in parentheses based on percent VOC by weight: (1) Dual Purpose 
Air freshener/Disinfectant, Aerosol (60); (2) Anti-Static Product, 
Aerosol (80); (3) Artist's Solvent/Thinner (3); (4) Automotive 
Windshield Cleaner (35); (5) Disinfectant, Aerosol (70); (6) 
Disinfectant, Non-Aerosol (1); (7) Multi-Purpose Solvent (3); (8) Paint 
Thinner (3); (9) Sanitizer, Aerosol (70); (10) Sanitizer, Non-Aerosol 
(1); and (11) Temporary Hair Color, Aerosol (55).
    The following existing 15 consumer products categories were 
amended, including the VOC content limits in parentheses based on 
percent VOC by weight: (1) Adhesive--Construction, Panel and Floor (7); 
(2) Automotive Brake Cleaner (category changed to Brake Cleaner (10); 
(3) Bathroom and Tile Cleaner, All Other Forms (subcategory changed to 
Non-Aerosol (1); (4) Carburetor or Fuel-Injection Air Intake Cleaner 
(10); (5) Engine Degreaser, Aerosol (10); (6) Floor Polish/Wax, 
Resilient Flooring Material (1); (7) Floor Polish/Wax, Non-resilient 
Flooring Material (1); (8) Furniture Maintenance Product, All Other 
Forms (subcategory changed to Non-Aerosol) (3); (9) General Purpose 
Cleaner, Aerosol (8); (10) General Purpose Degreaser, Aerosol (10); and 
(11) Laundry Starch/Sizing/Fabric Finish Product (4.5); (12) Nail 
Polish Remover (1); (13) Oven or Grill Cleaner, Non-Aerosol 
(subcategory changed to Non-Aerosol) (4); (14) Oven or Grill Cleaner, 
Aerosol (8); and (15) Shaving Gel (4).
    In addition to these revised and new standards, Maryland added a 
requirement for ``flammable and extremely flammable multi-purpose 
solvent and paint thinner,'' to meet the formulated California VOC 
limits. The revision will continue to help Maryland attain and maintain 
the eight-hour ozone standard for the 2008 NAAQS. The revision is 
expected to result in estimated statewide VOC emissions reduction 
potential of approximately 6.3 tons per day through the implementation 
of standards for new and existing forms of consumer products. This 
estimate is based on the proposed emissions benefit methodology of CARB 
and OTC model rules.
    Further details of Maryland's regulation revisions and the CARB and 
OTC model rules for consumer products can be found in the docket of 
this proposed rulemaking EPA-R03-OAR-2018-0153 on www.regulations.gov.

III. Proposed Action

    EPA is proposing to approve MDE's amendments to COMAR 26.11.32--
Control of Emissions of VOCs from Consumer Products, that adopts the 
VOC limits established in the 2010 and 2014 OTC model rules for 
consumer products, based on the 2006 and 2009 CARB rules; respectively 
(with the exception of the previously discussed ``hair styling gel'' 
category). The OTR estimated regional VOC emission reductions of 
approximately 15 percent if all OTR states, including Maryland, adopts 
the 2010 and 2014 model rules. EPA's review of this material indicates 
that the revisions made to COMAR 26.11.32--Control of Emissions of VOCs 
from Consumer Products, meet the SIP revision requirements of the CAA. 
EPA is proposing to approve the State of Maryland's SIP revision for 
the control of emissions of VOCs from consumer products, which was 
submitted on November 19, 2017. EPA is soliciting public comments on 
the proposed adoption of these changes into the Maryland SIP.

IV. Incorporation by Reference

    In this proposed rule, EPA is proposing to include in a final EPA 
rule regulatory text that includes incorporation by reference. In 
accordance with requirements of 1 CFR 51.5, EPA is proposing to 
incorporate by reference the specific provisions of the Maryland rule 
discussed in section II of this preamble. EPA has made, and will 
continue to make, these materials generally available through https://www.regulations.gov and 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

    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 proposed 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);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866.
     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 proposed rule, to approve amendments to the State 
of Maryland's COMAR 26.11.32--Control of Emissions of Volatile Organic 
Compounds from Consumer Products, 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.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Consumer products, 
Incorporation by reference, Ozone, Reporting and recordkeeping 
requirements, Volatile organic compounds.

    Authority: 42 U.S.C. 7401 et seq.


[[Page 39012]]


    Dated: July 24, 2018.
Cecil Rodrigues,
Acting Regional Administrator, Region III.
[FR Doc. 2018-16776 Filed 8-7-18; 8:45 am]
 BILLING CODE 6560-50-P
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