Federal Register, Volume 81 Issue 247 (Friday, December 23, 2016)
[Federal Register Volume 81, Number 247 (Friday, December 23, 2016)]
[Rules and Regulations]
[Pages 94259-94262]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-30880]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2016-0304; FRL-9957-20-Region 3]
Approval and Promulgation of Air Quality Implementation Plans;
Maryland; Control of Volatile Organic Compounds Emissions From
Fiberglass Boat Manufacturing Materials
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving a state
implementation plan (SIP) revision submitted by the State of Maryland.
This revision pertains to Maryland's adoption of the requirements in
EPA's control technique guidelines (CTG) for fiberglass boat
manufacturing materials. EPA is approving this Maryland SIP submittal
as it is in accordance with the requirements of the Clean Air Act
(CAA).
DATES: This final rule is effective on January 23, 2017.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2016-0304. All documents in the docket are listed on
the http://www.regulations.gov Web site. Although listed in the index,
some information is not publicly available, e.g., confidential business
information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the Internet and will be publicly available only in hard
copy form. Publicly available docket materials are available through
http://www.regulations.gov, or please contact
[[Page 94260]]
the person identified in the FOR FURTHER INFORMATION CONTACT section
for additional availability information.
FOR FURTHER INFORMATION CONTACT: Gavin Huang, (215) 814-2042, or by
email at huang.gavin@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On August 1, 2016 (81 FR 50427 and 81 FR 50336), EPA simultaneously
published a notice of proposed rulemaking (NPR) and a direct final rule
(DFR) for the State of Maryland. On September 16, 2016 (81 FR 63701),
EPA withdrew the DFR due to the receipt of a comment on the proposed
rulemaking. In the NPR, EPA proposed to include in the Maryland SIP a
Maryland regulation which adopted the requirements in EPA's CTG for
fiberglass boat manufacturing materials. The formal SIP revision (#15-
07) was submitted by Maryland on December 23, 2015.
As described in the DFR published on August 1, 2016 (81 FR 50336),
section 172(c)(1) of the CAA provides that SIPs for nonattainment areas
must include reasonably available control measures (RACM), including
reasonably available control technology (RACT), for sources of
emissions. Additionally, Maryland is in the Ozone Transport Region
(OTR) established under section 184(a) of the CAA. Pursuant to section
184(b)(1)(B) of the CAA, all areas in the OTR must submit SIP revisions
that include implementation of RACT with respect to all sources of
volatile organic compounds (VOC) in the states covered by a CTG. See
CAA section 184(b)(1).
In September 2008, EPA developed a CTG entitled Control Techniques
Guidelines for Fiberglass Boat Manufacturing Materials (Publication No.
EPA 453/R-08-004). The CTG for fiberglass boat manufacturing materials
provides control recommendations for reducing VOC emissions from the
use of gel coats, resins, and materials used to clean application
equipment in fiberglass boat manufacturing operations. This CTG applies
to facilities that manufacture hulls or decks of boats from fiberglass
or build molds to make fiberglass boat hulls or decks.
II. Summary of SIP Revision
On December 23, 2015, the Maryland Department of the Environment
(MDE) submitted on behalf of the State of Maryland to EPA SIP revision
#15-07 concerning implementation of RACT requirements for the control
of VOC emissions from fiberglass boat manufacturing materials. Maryland
adopted EPA's CTG standards for fiberglass boat manufacturing materials
through a regulation found at Code of Maryland Regulations (COMAR)
26.11.19 (relating to VOC from specific processes). This SIP revision
adds COMAR 26.11.19.26-1 (control of VOC emissions from fiberglass boat
manufacturing materials) to the Maryland SIP and also includes an
amendment to COMAR 26.11.19.26 (control of VOC emissions from
reinforced plastic manufacturing) which was previously approved into
the Maryland SIP. In addition to adopting EPA's CTG standards, COMAR
26.11.19.26-1 includes numerous terms and definitions to support the
interpretation of the measures, as well as work practices for cleaning,
compliance and monitoring requirements, sampling and testing, and
record keeping requirements. The amendment to COMAR 26.11.19.26 at
COMAR 26.11.19.26A exempts fiberglass boat manufacturing from
provisions within COMAR 26.11.19.26 to avoid duplicative or conflicting
requirements. Prior to Maryland's new COMAR 26.11.19.26-1, fiberglass
boat manufacturing materials were covered under COMAR 26.11.19.26 which
did not address fully EPA's CTG requirements. Thus, with COMAR
26.11.19.26-1 now addressing fiberglass boat manufacturing materials,
Maryland has revised COMAR 26.11.19.26A to clarify and exempt
fiberglass boat manufacturing materials from COMAR 26.11.19.26A as
these are now clearly addressed in COMAR 26.11.19.26-1. EPA finds the
provisions in COMAR 26.11.19.26-1 identical to the CTG standards for
fiberglass boat manufacturing materials and therefore approvable in
accordance with sections 172(c)(1) and 184(b)(1)(B) of the CAA.
III. Public Comments and EPA's Responses
EPA received a comment from the Export Inspection Council of India
within the Ministry of Commerce and Industry, Government of India
(hereinafter referred to as ``Commenter'') on the August 1, 2016 NPR.
Comment: The Commenter sought clarification to determine if
Maryland's adoption of EPA's CTG guidelines for fiberglass boat
manufacturing materials applied to international manufacturing
facilities that export fiberglass boats into the United States.
Additionally, if the proposed guidelines are applicable to imported
boats, the Commenter questioned how EPA will implement the guidelines
and if they will add to the international import requirements of
fiberglass boats into the United States.
Response: EPA thanks the Commenter for its submission seeking
clarification of the Maryland regulation on fiberglass boat
manufacturing. COMAR 26.11.19.26-1 applies to fiberglass manufacturing
facilities that manufacture hulls or decks of fiberglass boats,
assemble fiberglass boats from premanufactured hulls and decks, or
build molds to make hulls or decks of fiberglass boats. See COMAR
26.11.19.26-1(B)(5). As such, the regulation applies only to
manufacturing, assembling or building occurring within Maryland and
does not apply to fiberglass boats imported into the State from other
locations, including from locations overseas. In addition, under
Annotated Code of Maryland Sec. 2-103(b), Maryland and the Maryland
Department of the Environment specifically only have jurisdiction over
emissions into the air in the State and over ambient air quality in the
State of Maryland. Because Maryland's regulatory authority therefore
does not extend to regulating activities outside the State, EPA is
clarifying that COMAR 26.11.19.26-1 does not regulate nor apply to
fiberglass boat manufacturing done outside the State of Maryland.
Because the regulation does not apply to fiberglass boat manufacturing
outside the State of Maryland, EPA need not respond to the Commenter's
inquiry as to how COMAR 26.11.19.26-1 would be implemented for imported
fiberglass boats. Finally, EPA clarifies that COMAR 26.11.19.26-1 does
not add to import requirements for fiberglass boats being imported into
Maryland.
IV. Final Action
EPA is approving the December 23, 2015 Maryland SIP submittal,
which revises the Maryland SIP by adding new regulation COMAR
26.11.19.26-1 and amending COMAR 26.11.19.26, because the SIP submittal
meets the requirement to adopt RACT for sources covered by EPA's CTG
standards for fiberglass boat manufacturing materials and is in
accordance with requirements in CAA sections 172, 182 and 184.
V. Incorporation by Reference
In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of COMAR
26.11.19.26-1 and an amendment to COMAR 26.11.19.26 addressing VOC
content limits for fiberglass boat manufacturing into the Maryland SIP.
Therefore, these materials have been approved by EPA for inclusion in
the SIP, have been incorporated by reference by EPA into
[[Page 94261]]
that plan, are fully federally enforceable under sections 110 and 113
of the CAA as of the effective date of the final rulemaking of EPA's
approval, and will be incorporated by reference by the Director of the
Federal Register in the next update to the SIP compilation.\1\ EPA has
made, and will continue to make, these materials generally available
through http://www.regulations.gov and/or at the EPA Region III Office
(please contact the person identified in the For Further Information
Contact section of this preamble for more information).
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\1\ 62 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);
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).
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 February 21, 2017. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action approving the Maryland SIP revision adding new
regulation COMAR 26.11.19.26-1 and amending COMAR 26.11.19.26 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, Carbon monoxide,
Incorporation by reference, Ozone, Volatile organic compounds.
Dated: December 7, 2016.
Shawn M. Garvin,
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 revising
COMAR 26.11.19.26 and the entry for COMAR 26.11.19.26-1. The amended
text reads as follows:
Sec. 52.1070 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Regulations, Technical Memoranda, and Statutes in the Maryland SIP
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Additional
Code of Maryland State explanation/
Administrative Regulations Title/subject effective date EPA approval date citation at 40
(COMAR) citation CFR 52.1100
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26.11.19 Volatile Organic Compounds From Specific Processes
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[[Page 94262]]
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26.11.19.26.................... Control of Volatile 09/28/15 12/23/16 [Insert Amendment to .26A.
Organic Compound Federal Register
Emissions from citation].
Reinforced Plastic
Manufacturing.
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26.11.19.26-1.................. Control of Volatile 09/28/15 12/23/16 [Insert New Regulation.
Organic Compound Federal Register
Emissions from citation].
Fiberglass Boat
Manufacturing.
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[FR Doc. 2016-30880 Filed 12-22-16; 8:45 am]
BILLING CODE 6560-50-P
