Approval and Promulgation of Air Quality Implementation Plans; Maryland; Amendment To Control of Emissions of Volatile Organic Compounds From Consumer Products, 12508-12511 [2019-04779]
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Federal Register / Vol. 84, No. 63 / Tuesday, April 2, 2019 / Rules and Regulations
to remove outdated requirements,
accommodate new approaches, and
provide flexibility without diminishing
public health protections. Because this
rulemaking would remove regulations to
be consistent with updated practice and
does not impose any additional
regulatory burdens, this rulemaking is
not anticipated to result in any
compliance costs and the economic
impact is expected to be minimal.
VI. Analysis of Environmental Impact
We have determined under 21 CFR
25.31(h) that this action is of a type that
does not individually or cumulatively
have a significant effect on the human
environment. Therefore, neither an
environmental assessment nor an
environmental impact statement is
required.
VII. Paperwork Reduction Act of 1995
This final rule contains no collection
of information. Therefore, clearance by
the Office of Management and Budget
under the Paperwork Reduction Act of
1995 is not required.
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VIII. Federalism
We have analyzed this final rule in
accordance with the principles set forth
in E.O. 13132. We have determined that
the rule does not contain policies that
have substantial direct effects on the
States, on the relationship between the
National Government and the States, or
on the distribution of power and
responsibilities among the various
levels of government. Accordingly, we
conclude that the rule does not contain
policies that have federalism
implications as defined in the Executive
Order and, consequently, a federalism
summary impact statement is not
required.
IX. Consultation and Coordination With
Indian Tribal Governments
We have analyzed this rule in
accordance with the principles set forth
in E.O. 13175. We have determined that
the rule does not contain policies that
have substantial direct effects on one or
more Indian Tribes, on the relationship
between the Federal Government and
Indian Tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian Tribes.
Accordingly, we conclude that the rule
does not contain policies that have
tribal implications as defined in the
Executive Order and, consequently, a
tribal summary impact statement is not
required.
List of Subjects in 21 CFR Part 600
Biologics, Reporting and
recordkeeping requirements.
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Therefore, under the Federal Food,
Drug, and Cosmetic Act and the Public
Health Service Act, and under authority
delegated to the Commissioner of Food
and Drugs, 21 CFR part 600 is amended
as follows:
PART 600—BIOLOGICAL PRODUCTS:
GENERAL
1. The authority citation for part 600
is revised to read as follows:
■
Authority: 21 U.S.C. 321, 351, 352, 353,
355, 356c, 356e, 360, 360i, 371, 374, 379k–
l; 42 U.S.C. 216, 262, 263, 263a, 264.
§ 600.21
[Amended]
2. Amend § 600.21 by removing the
last three sentences.
■
§ 600.22
■
[Removed and Reserved]
3. Remove and reserve § 600.22.
Dated: March 25, 2019.
Scott Gottlieb,
Commissioner of Food and Drugs.
[FR Doc. 2019–06187 Filed 4–1–19; 8:45 am]
BILLING CODE 4164–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
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 www.regulations.gov,
or please contact the person identified
in the For FURTHER INFORMATION
CONTACT section for additional
availability information.
FOR FURTHER INFORMATION CONTACT: Mr.
Gregory Becoat, Office of Air Program
Planning (3AP30), Air Protection
Division, U.S. Environmental Protection
Agency, Region 3, 1650 Arch Street,
Philadelphia, Pennsylvania 19103. The
telephone number is (215) 814–2036.
Mr. Becoat can also be reached via
electronic mail 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
Approval and Promulgation of Air
81.321. Also, all of Maryland is
Quality Implementation Plans;
included in the Ozone Transport Region
Maryland; Amendment To Control of
(OTR) and is therefore treated as a
Emissions of Volatile Organic
Compounds From Consumer Products moderate nonattainment area for ozone.
See CAA section 184(a), (b)(2), 42 U.S.C.
AGENCY: Environmental Protection
7511c(a), (b)(2). Therefore, Maryland
Agency (EPA).
must continue to enact regulations to
ACTION: Final rule.
gain further reductions of the emissions
of VOCs, a class of compounds that are
SUMMARY: The Environmental Protection
Agency (EPA) is approving a revision to precursors to ground-level ozone. Ozone
is formed in the atmosphere by
the State of Maryland’s state
implementation plan (SIP). The State of photochemical reactions between VOCs
and oxides of nitrogen (NOX) in the
Maryland’s SIP revision pertains to
presence
of sunlight. In order to reduce
Code of Maryland Regulations (COMAR)
ozone concentrations, the CAA requires
26.11.32—Control of Emissions of
control of VOC and NOX emission
Volatile Organic Compounds (VOCs)
from Consumer Products. This action is sources to achieve VOC and/or NOX
emission reductions in nonattainment
being taken under the Clean Air Act
areas.
(CAA).
In December 1999, EPA identified
DATES: This final rule is effective on
emission reduction shortfalls in several
May 2, 2019.
severe 1-hour ozone nonattainment
areas, including those located in the
ADDRESSES: EPA has established a
OTR. The Ozone Transport Commission
docket for this action under Docket ID
Number EPA–R03–OAR–2018–0153. All (OTC) developed model rules for a
number of source categories. One of the
documents in the docket are listed on
model rules was to reduce VOC
the www.regulations.gov website.
emissions from consumer products. The
Although listed in the index, some
OTC model rules are based on existing
information is not publicly available,
rules developed by the California Air
e.g., confidential business information
Resources Board (CARB). The OTC
(CBI) or other information whose
[EPA–R03–OAR–2018–0153; FRL–9990–86–
Region 3]
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Model Rule for Consumer Products was
first issued in March 28, 2001, revised
November 29, 2001, and April 23, 2002.
Additional amendments followed in
2006, 2010, and 2014. 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). 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.
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.
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II. Summary of SIP Revision and EPA
Analysis
On November 16, 2017, Maryland
submitted a SIP revision to amend
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. Generally, the amendments to
COMAR 26.11.32—Control of Emissions
of Volatile Organic Compounds from
Consumer Products regulations,
established or amended 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. More
detailed information on these
provisions, as well as a detailed
summary of EPA’s review and rationale
for approving these SIP revisions, can be
found in the notice of proposed
rulemaking (NPR) for this action which
is available on line at
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www.regulations.gov, Docket number
EPA–R03–OAR–2018–0153.
After evaluating the SIP revision
submittal, EPA concluded 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. The
revision will continue to help Maryland
attain and maintain the eight-hour
ozone standard for the 2008 NAAQS.
On August 8, 2018 (83 FR 39009), EPA
published a NPR for the State of
Maryland SIP revision. EPA received
two comments, one which was a
relevant adverse comment on the NPR,
noting that the CARB and the OTC
model rules referenced in the NPR were
not in the docket on
www.regulations.gov. As a result, EPA
placed the missing CARB and OTC
model rules into the docket for this
action on August 16, 2018, and then
published a supplemental NPR on
November 26, 2018 (83 FR 57704),
reopening the comment period for this
action for thirty days. EPA received two
additional comments during the
supplemental NPR comment period. All
comments received during the initial
public comment period and the
supplemental NPR comment period are
addressed in Section III. Response to
Comments of this rulemaking action.
III. Response to Comments
During the two comment periods,
EPA received four anonymous
comments on the proposed rulemaking
action. One comment generally
discussed air quality in China and India.
EPA believes this comment is not
germane to this rulemaking and
therefore no further response is
provided. Two comments were
supportive of EPA’s approval of the
State of Maryland’s SIP revision and
noted the air quality benefits of
approving the CARB and OTC model
rules into Maryland’s SIP. EPA thanks
those commenters and agrees that this
SIP revision will have air quality
benefits in Maryland. The fourth
comment, received during the first
public comment period, pointed out
that the CARB and OTC regulations
were not in the docket for the rule,
which EPA corrected by issuing the
supplemental NPR and, also, raised the
comment discussed below.
Comment #1: The anonymous
commenter stated: ‘‘Are you or are you
not proposing to approve the hair
styling gel category? The ‘‘Proposed
Action’’ section makes it sound like you
are approving everything except the hair
styling gel category.’’
Response #1: EPA is approving the
‘‘hair styling product—all other forms’’
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category—which includes ‘‘hair styling
gel’’—into the Maryland SIP. As noted
in the NPR published on August 8, 2018
(83 FR 39009), the 2006 CARB rule
eliminated the ‘‘hair styling gel’’
category and now considers gels to fall
under ‘‘hair styling product—all other
forms’’ category. Considering hair
styling gels to be part of the ‘‘hair
styling product—all other forms’’
category resulted in a reduction of the
hair styling gels VOC limit from 6 to 2
percent VOC by weight. The 2014 OTC
model rule did not address the 2006
CARB rule amendment for hair styling
gels. However, MDE rectified this
omission in the 2014 OTC model rules
when amending COMAR 26.11.32—
Control of Emissions of VOCs from
Consumer Products, by moving the
‘‘hair styling gel’’ category into the ‘‘hair
styling product—all other forms’’
category. Placing hair styling gels into
the ‘‘hair styling product—all other
forms’’ category reduces the VOC
content to 2 percent VOC by weight and
makes the Maryland regulations
consistent with the 2006 CARB rules.
IV. Final Action
EPA is approving the State of
Maryland’s November 16, 2017 SIP
revision submittal that adopts the VOC
limits established in the 2010 and 2014
OTC model rules for consumer
products.
V. Incorporation by Reference
In this document, 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 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).
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 in the next
update to the SIP compilation.1
1 62
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FR 27968 (May 22, 1997).
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VI. 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);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because it is not a significant
action 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 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.
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, which approves
the State of Maryland’s COMAR
26.11.32—Control of Emissions of
Volatile Organic Compounds from
Consumer Products, may not be
challenged later in proceedings to
enforce its requirements (See section
307(b)(2)).
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).
Dated: March 4, 2019.
Cecil Rodrigues,
Acting Regional Administrator, Region III.
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 June 3, 2019. Filing a petition
for reconsideration by the Administrator
of this final rule does not affect the
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone,
Reporting and recordkeeping
requirements, Volatile organic
compounds.
Authority: 42 U.S.C. 7401 et seq.
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. Revising entries for ‘‘26.11.32.01’’,
‘‘26.11.32.02’’, ‘‘26.11.32.03’’,
‘‘26.11.32.04’’, and ‘‘26.11.32.05’’;
■ b. Adding an entry in numerical order
for ‘‘26.11.32.05–1’’; and
■ c. Revising entries for ‘‘26.11.32.06’’,
‘‘26.11.32.08’’, ‘‘26.11.32.12’’,
‘‘26.11.32.14’’, and ‘‘26.11.32.16’’.
The revisions and addition read as
follows:
■
§ 52.1070
*
Identification of plan.
*
*
(c) * * *
*
*
EPA-APPROVED REGULATIONS, TECHNICAL MEMORANDA, AND STATUTES IN THE MARYLAND SIP
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Code of
Maryland
Administrative
Regulations
(COMAR)
citation
*
*
*
26.11.32
26.11.32.01 .......
VerDate Sep<11>2014
State
effective
date
Title/subject
*
*
*
Control of Emissions of Volatile Organic Compounds From Consumer Products
Applicability and Exemptions ........
16:30 Apr 01, 2019
Additional explanation/
citation at 40 CFR 52.1100
EPA approval date
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citation].
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EPA-APPROVED REGULATIONS, TECHNICAL MEMORANDA, AND STATUTES IN THE MARYLAND SIP—Continued
Code of
Maryland
Administrative
Regulations
(COMAR)
citation
Title/subject
26.11.32.02 .......
Incorporation by Reference ..........
10/09/2017
26.11.32.03 .......
Definitions .....................................
10/09/2017
26.11.32.04 .......
Standards—General .....................
10/09/2017
26.11.32.05 .......
Standards—Requirements
for
Charcoal Lighter Materials.
Requirements for Flammable and
Extremely Flammable Multi-Purpose Solvent and Paint Thinner.
Standards—Requirements for Aerosol Adhesives.
10/09/2017
26.11.32.05–1 ...
26.11.32.06 .......
State
effective
date
*
26.11.32.12 .......
*
*
Innovative Products—Department
Exemption.
*
26.11.32.14 .......
*
*
Reporting Requirements ...............
10/09/2017
*
26.11.32.16 .......
*
*
Test Methods ................................
10/09/2017
*
*
*
*
*
*
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R02–OAR–2017–0094; FRL–9991–50–
Region 2]
Approval and Promulgation of
Implementation Plans: New York
Ozone Section 185
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency is finalizing approval of the
State of New York’s Low Emissions
Vehicle program as an alternative
program to fulfill the Clean Air Act
section 185 requirement for the New
York portion of the New York-Northern
New Jersey-Long Island, NY-NJ-CT
SUMMARY:
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Federal Register
Revised.
Federal Register
Federal Register
Revised. Previous Approval dated
12/10/2007.
Revised.
Federal Register
Revised.
Federal Register
New Regulation.
4/2/2019, Insert Federal Register
citation].
Revised.
*
*
4/2/2019, Insert Federal Register
citation].
*
Revised.
*
*
*
4/2/2019, Insert Federal Register
citation].
*
Revised.
*
*
*
4/2/2019, Insert Federal Register
citation].
*
Revised.
*
*
*
4/2/2019, Insert Federal Register
citation].
*
Revised.
*
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10/09/2017
10/09/2017
*
[FR Doc. 2019–04779 Filed 4–1–19; 8:45 am]
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10/09/2017
*
*
Requirements for Contact Adhesives,
Electronic
Cleaners,
Footwear, or Leather Care
Products, and General Purpose
Cleaners.
*
4/2/2019, Insert
citation].
4/2/2019, Insert
citation].
4/2/2019, Insert
citation].
4/2/2019, Insert
citation].
4/2/2019, Insert
citation].
10/09/2017
*
26.11.32.08 .......
*
*
nonattainment area for the revoked 1979
1-hour ozone National Ambient Air
Quality Standard. Clean Air Act section
185 requires fees to be paid by major
sources located in ozone nonattainment
areas classified as Severe or Extreme
that have failed to attain the National
Ambient Air Quality Standard by the
required attainment date. The State of
New York’s Low Emissions Vehicle
program is being approved as an
alternate program because the
reductions achieved by the program are
at least equivalent to the reductions
associated with the Clean Air Act
section 185 fee program required for the
New York portion of the NY-NJ-CT
nonattainment area.
DATES: This rule is effective on May 2,
2019.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R02–OAR–2017–0094. All
documents in the docket are listed on
the www.regulations.gov website.
Although listed in the index, some
information is not publicly available,
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Additional explanation/
citation at 40 CFR 52.1100
EPA approval date
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e.g., confidential business information
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
www.regulations.gov, or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information.
FOR FURTHER INFORMATION CONTACT:
Gavin Lau, Environmental Protection
Agency, Air Programs Branch, 290
Broadway, 25th Floor, New York, NY
10007–1866, (212) 637–3708, or by
email at Lau.Gavin@epa.gov.
SUPPLEMENTARY INFORMATION:
I. What action is the EPA taking?
II. What comments were received in response
to the EPA’s proposed action?
III. What is the EPA’s conclusion?
IV. Statutory and Executive Order Reviews
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]]>Agencies
[Federal Register Volume 84, Number 63 (Tuesday, April 2, 2019)]
[Rules and Regulations]
[Pages 12508-12511]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-04779]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2018-0153; FRL-9990-86-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: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a
revision to the State of Maryland's state implementation plan (SIP).
The State of Maryland's SIP 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: This final rule is effective on May 2, 2019.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2018-0153. All documents in the docket are listed on
the www.regulations.gov website. 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
www.regulations.gov, or please contact the person identified in the For
Further Information Contact section for additional availability
information.
FOR FURTHER INFORMATION CONTACT: Mr. Gregory Becoat, Office of Air
Program Planning (3AP30), Air Protection Division, U.S. Environmental
Protection Agency, Region 3, 1650 Arch Street, Philadelphia,
Pennsylvania 19103. The telephone number is (215) 814-2036. Mr. Becoat
can also be reached via electronic mail 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 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). The OTC
[[Page 12509]]
Model Rule for Consumer Products was first issued in March 28, 2001,
revised November 29, 2001, and April 23, 2002. Additional amendments
followed in 2006, 2010, and 2014. 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). 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. 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.
II. Summary of SIP Revision and EPA Analysis
On November 16, 2017, Maryland submitted a SIP revision to amend
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. Generally, the
amendments to COMAR 26.11.32--Control of Emissions of Volatile Organic
Compounds from Consumer Products regulations, established or amended
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. More detailed information on these
provisions, as well as a detailed summary of EPA's review and rationale
for approving these SIP revisions, can be found in the notice of
proposed rulemaking (NPR) for this action which is available on line at
www.regulations.gov, Docket number EPA-R03-OAR-2018-0153.
After evaluating the SIP revision submittal, EPA concluded 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. The
revision will continue to help Maryland attain and maintain the eight-
hour ozone standard for the 2008 NAAQS. On August 8, 2018 (83 FR
39009), EPA published a NPR for the State of Maryland SIP revision. EPA
received two comments, one which was a relevant adverse comment on the
NPR, noting that the CARB and the OTC model rules referenced in the NPR
were not in the docket on www.regulations.gov. As a result, EPA placed
the missing CARB and OTC model rules into the docket for this action on
August 16, 2018, and then published a supplemental NPR on November 26,
2018 (83 FR 57704), reopening the comment period for this action for
thirty days. EPA received two additional comments during the
supplemental NPR comment period. All comments received during the
initial public comment period and the supplemental NPR comment period
are addressed in Section III. Response to Comments of this rulemaking
action.
III. Response to Comments
During the two comment periods, EPA received four anonymous
comments on the proposed rulemaking action. One comment generally
discussed air quality in China and India. EPA believes this comment is
not germane to this rulemaking and therefore no further response is
provided. Two comments were supportive of EPA's approval of the State
of Maryland's SIP revision and noted the air quality benefits of
approving the CARB and OTC model rules into Maryland's SIP. EPA thanks
those commenters and agrees that this SIP revision will have air
quality benefits in Maryland. The fourth comment, received during the
first public comment period, pointed out that the CARB and OTC
regulations were not in the docket for the rule, which EPA corrected by
issuing the supplemental NPR and, also, raised the comment discussed
below.
Comment #1: The anonymous commenter stated: ``Are you or are you
not proposing to approve the hair styling gel category? The ``Proposed
Action'' section makes it sound like you are approving everything
except the hair styling gel category.''
Response #1: EPA is approving the ``hair styling product--all other
forms'' category--which includes ``hair styling gel''--into the
Maryland SIP. As noted in the NPR published on August 8, 2018 (83 FR
39009), the 2006 CARB rule eliminated the ``hair styling gel'' category
and now considers gels to fall under ``hair styling product--all other
forms'' category. Considering hair styling gels to be part of the
``hair styling product--all other forms'' category resulted in a
reduction of the hair styling gels VOC limit from 6 to 2 percent VOC by
weight. The 2014 OTC model rule did not address the 2006 CARB rule
amendment for hair styling gels. However, MDE rectified this omission
in the 2014 OTC model rules when amending COMAR 26.11.32--Control of
Emissions of VOCs from Consumer Products, by moving the ``hair styling
gel'' category into the ``hair styling product--all other forms''
category. Placing hair styling gels into the ``hair styling product--
all other forms'' category reduces the VOC content to 2 percent VOC by
weight and makes the Maryland regulations consistent with the 2006 CARB
rules.
IV. Final Action
EPA is approving the State of Maryland's November 16, 2017 SIP
revision submittal that adopts the VOC limits established in the 2010
and 2014 OTC model rules for consumer products.
V. Incorporation by Reference
In this document, 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 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). 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 in the next update to the SIP compilation.\1\
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\1\ 62 FR 27968 (May 22, 1997).
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[[Page 12510]]
VI. 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);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because it is not a significant action 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 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 June 3, 2019. 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, which approves the State of Maryland's COMAR
26.11.32--Control of Emissions of Volatile Organic Compounds from
Consumer Products, 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, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: March 4, 2019.
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. Revising entries for ``26.11.32.01'', ``26.11.32.02'',
``26.11.32.03'', ``26.11.32.04'', and ``26.11.32.05'';
0
b. Adding an entry in numerical order for ``26.11.32.05-1''; and
0
c. Revising entries for ``26.11.32.06'', ``26.11.32.08'',
``26.11.32.12'', ``26.11.32.14'', and ``26.11.32.16''.
The revisions and addition read as follows:
Sec. 52.1070 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Regulations, Technical Memoranda, and Statutes in the Maryland SIP
----------------------------------------------------------------------------------------------------------------
Code of Maryland State Additional
Administrative Regulations Title/subject effective EPA approval date explanation/ citation
(COMAR) citation date at 40 CFR 52.1100
----------------------------------------------------------------------------------------------------------------
* * * * * * *
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26.11.32 Control of Emissions of Volatile Organic Compounds From Consumer Products
----------------------------------------------------------------------------------------------------------------
26.11.32.01................ Applicability and 10/09/2017 4/2/2019, Insert Revised.
Exemptions. Federal Register
citation].
[[Page 12511]]
26.11.32.02................ Incorporation by 10/09/2017 4/2/2019, Insert Revised.
Reference. Federal Register
citation].
26.11.32.03................ Definitions.......... 10/09/2017 4/2/2019, Insert Revised. Previous
Federal Register Approval dated 12/10/
citation]. 2007.
26.11.32.04................ Standards--General... 10/09/2017 4/2/2019, Insert Revised.
Federal Register
citation].
26.11.32.05................ Standards--Requiremen 10/09/2017 4/2/2019, Insert Revised.
ts for Charcoal Federal Register
Lighter Materials. citation].
26.11.32.05-1.............. Requirements for 10/09/2017 4/2/2019, Insert New Regulation.
Flammable and Federal Register
Extremely Flammable citation].
Multi-Purpose
Solvent and Paint
Thinner.
26.11.32.06................ Standards--Requiremen 10/09/2017 4/2/2019, Insert Revised.
ts for Aerosol Federal Register
Adhesives. citation].
* * * * * * *
26.11.32.08................ Requirements for 10/09/2017 4/2/2019, Insert Revised.
Contact Adhesives, Federal Register
Electronic Cleaners, citation].
Footwear, or Leather
Care Products, and
General Purpose
Cleaners.
* * * * * * *
26.11.32.12................ Innovative Products-- 10/09/2017 4/2/2019, Insert Revised.
Department Exemption. Federal Register
citation].
* * * * * * *
26.11.32.14................ Reporting 10/09/2017 4/2/2019, Insert Revised.
Requirements. Federal Register
citation].
* * * * * * *
26.11.32.16................ Test Methods......... 10/09/2017 4/2/2019, Insert Revised.
Federal Register
citation].
* * * * * * *
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[FR Doc. 2019-04779 Filed 4-1-19; 8:45 am]
BILLING CODE 6560-50-P
