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]
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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.
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(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
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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:
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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
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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
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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
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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
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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.
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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,
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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.
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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.
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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.
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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