[Federal Register Volume 62, Number 149 (Monday, August 4, 1997)]
[Rules and Regulations]
[Pages 41853-41856]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-20471]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MD040-4014a and MD047-4014a; FRL-5867-5]


Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; Control of Volatile Organic Compound Emissions From 
Degreasing Operations and Vehicle Refinishing, and Definition of Motor 
Vehicle

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving State Implementation Plan (SIP) revisions 
submitted by the State of Maryland on July 12, 1995 and July 17, 1995. 
These revisions establish volatile organic compound emission reduction 
requirements for degreasing operations and vehicle refinishing 
throughout the State of Maryland, and a definition for the term ``motor 
vehicle.'' The intended effect of this action is to approve these 
amendments to the Maryland SIP, in accordance with the SIP submittal 
and revision provisions of the Act.

DATES: This final rule is effective September 18, 1997 unless within 
September 3, 1997 adverse or critical comments are received. If the 
effective date is delayed, timely notice will be published in the 
Federal Register.

ADDRESSES: Comments may be mailed to David L. Arnold, Chief, Ozone/CO 
and Mobile Sources Section, Mailcode 3AT21, U.S. Environmental 
Protection Agency, Region III, 841 Chestnut Building, Philadelphia, 
Pennsylvania 19107. Copies of the documents relevant to this action are 
available for public inspection during normal business hours at the 
Air, Radiation, and Toxics Division, U.S. Environmental Protection 
Agency, Region III, 841 Chestnut Building, Philadelphia, Pennsylvania 
19107 and the Maryland Department of the Environment, 2500 Broening 
Highway, Baltimore Maryland 21224.

FOR FURTHER INFORMATION CONTACT: Maria A. Pino, (215) 566-2181, at the 
EPA Region III office address listed above, or via e-mail at 
<a href="/cdn-cgi/l/email-protection#7e0e17101150131f0c171f3e1b0e1f131f1712501b0e1f50191108"><span class="__cf_email__" data-cfemail="87f7eee9e8a9eae6f5eee6c7e2f7e6eae6eeeba9e2f7e6a9e0e8f1">[email protected]</span></a>. While information may be requested via e-
mail, comments must be submitted in writing to the above Region III 
address.

SUPPLEMENTARY INFORMATION: On July 12, 1995, the Maryland Department of 
the Environment (MDE) submitted new and revised regulations to EPA as 
State Implementation Plan (SIP) revisions.

[[Page 41854]]

These regulations control emissions of volatile organic compounds 
(VOCs) throughout the state. MDE submitted these SIP revision requests 
pursuant to the rate-of-progress (ROP) requirements of section 182 of 
the Clean Air Act (the Act). Specifically, Maryland has adopted VOC 
control measures for degreasing operations and vehicle refinishing. In 
addition, on July 17, 1995, MDE submitted a new definition for the term 
``motor vehicle'' to EPA as a SIP revision.

Background

    Section 182(b)(1) of the Act requires states with ozone 
nonattainment areas classified as moderate or above to reduce VOC 
emissions 15% from 1990 baseline levels. States were required to 
achieve the 15% VOC emission reduction by 1996. This ROP requirement, 
known as the 15% plan, was due to EPA as a SIP revision by November 15, 
1993.
    In Maryland, 15% plans were required for the Baltimore severe ozone 
nonattainment area, the Maryland portion of the Philadelphia severe 
ozone nonattainment area, and the Maryland portion of the Washington, 
DC serious ozone nonattainment area. Maryland submitted the required 
15% plans to EPA as SIP revisions on July 12, 1995. In these 15% plans, 
Maryland takes credit for the emission reductions achieved through the 
VOC regulations that Maryland submitted as SIP revisions on July 12, 
1995, including Maryland's autobody refinishing and degreasing 
regulations. Furthermore, the VOC emission reductions achieved by 
Maryland's autobody refinishing and degreasing regulations are needed 
to achieve the 15% reduction in the Baltimore plan. Therefore, these 
two regulations, which control VOC emissions from autobody refinishing 
and degreasing operations, must be approved into Maryland's SIP before 
EPA can approve the Baltimore 15% plan.

Summary of SIP Revisions

Control of VOC Emissions From Cold and Vapor Degreasing (COMAR 
26.11.19.09)

    This revision established standards for cold and vapor degreasing 
operations. Maryland has repealed its existing degreasing provisions, 
COMAR 26.11.19.09 Volatile Organic Compound Metal Cleaning, and 
replaced them with these new provisions, COMAR 26.11.19.09 Control of 
VOC Emissions from Cold and Vapor Degreasing.
General Provisions
    The new regulation applies to a person who uses a VOC degreasing 
material in cold or vapor degreasing at service stations, motor vehicle 
repair shops, automobile dealerships, machine shops, and any other 
metal refinishing, cleaning, repair or fabrication facilities.
    Monthly records of the amount of VOC degreasing material used must 
be maintained and made available to MDE for inspection upon request.
    This regulation established definitions for the following terms: 
cold degreasing, degreasing material, grease, halogenated substance, 
vapor degreasing, and VOC degreasing material.
Requirements for Cold Degreasers
    After May 15, 1996, a person may not use any VOC degreasing 
material that has a vapor pressure greater than 1 millimeter of mercury 
(mm Hg) at 20 deg. C (0.038 pounds per square inch (psi)). The use of 
any halogenated substance that is a VOC is prohibited. The use of good 
operating practices is required.
Requirements for Vapor Degreasers
    The use of VOC degreasing material is prohibited, unless the vapor 
degreaser is equipped with a condenser or a pollution control device 
with an overall efficiency of at least 90%. Vapor degreasers must 
include separate enclosed chambers that allow drainage of parts being 
cleaned, capture of the vapors, or other methods to minimize 
evaporative losses.
    EPA Evaluation: The requirement to use material with vapor pressure 
less than or equal to 1 mm HG for cold degreasing, and the prohibition 
of VOC degreasing materials for vapor degreasing, unless add-on control 
with 90% overall control efficiency is used, will result in significant 
VOC emission reductions. The requirement for good operating practices 
will also contribute to VOC emission reductions from this source 
category. Furthermore, Maryland's recordkeeping, reporting, and testing 
provisions ensure that this regulation is enforceable. Therefore, this 
regulation is fully approvable. These reductions are needed for 
Maryland's 15% plans.

Control of VOC Emissions From Vehicle Refinishing (COMAR 26.11.19.23)

General Provisions
    This new regulation establishes standards for vehicle refinishing 
based on VOC content of coatings, as applied. This regulation 
establishes definitions for the following terms: base coat/clear coat 
system, controlled air spray system, mobile equipment, multistage 
coating equipment, precoat, pretreatment, primer sealer, primer 
surfacer, specialty coating, topcoat, and vehicle refinishing. This 
regulation is applicable to anyone using coatings that contain VOC for 
vehicle refinishing, except for a person who coats parts (1) if the 
parts are not components of a vehicle at the premises where vehicle 
refinishing is being performed or (2) at an automobile assembly plant.
Emission Standards
    The following coating standards apply to the coating as used at the 
coating equipment, where lb/gal is pounds per gallon and kg/l is 
kilograms per liter.

------------------------------------------------------------------------
                                       Maximum VOC content on or after  
           Coating type                        April 15, 1996           
------------------------------------------------------------------------
Pretreatment......................  6.5 lb/gal (0.78 kg/l).             
Precoat...........................  5.5 lb/gal (0.66 kg/l).             
Primer surfacer...................  5.8 lb/gal (0.46 kg/l).             
Primer sealer.....................  4.6 lb/gal (0.55 kg/l).             
Topcoat...........................  5.0 lb/gal (0.60 kg/l).             
Multi-stage coating system........  5.2 lb/gal (0.63 kg/l).             
Specialty coating.................  7.0 lb/gal (0.84 kg/l).             
------------------------------------------------------------------------

Compliance Standards
    The regulation establishes methods for calculating the VOC content 
of a coating system, to determine compliance with the standards listed 
above.
    The use of speciality coatings is limited to 5% by volume of all 
coatings used at a premises, calculated on a monthly basis.
    The use of a controlled air spray system is required. Maryland 
defines controlled air spray systems as either high volume, low 
pressure (HVLP) or low volume, low pressure (LVLP) systems. The 
equipment must be operated in accordance with the equipment 
manufacturers' recommendations and in a manner that minimizes emissions 
of VOC to the atmosphere.
    Cleanup and housekeeping provisions require that surface 
preparation and cleanup materials containing VOC, and VOC-contaminated 
cloth and paper must be stored in closed containers. Enclosed 
containers or VOC-recycling equipment must be used to clean paint guns 
and paint lines. The VOC content of preparation materials is limited to 
6.5 lb/gal for plastic parts preparation and 1.4 lb/gal for all other 
preparation.
    Monthly records of the total volume and VOC content of all coatings 
purchased (for which standards are specified in this regulation), 
cleanup materials and surface preparation materials must be maintained 
for at least

[[Page 41855]]

2 years and made available to MDE for inspection upon request.
    EPA Evaluation: The coating standards in Maryland's autobody 
refinishing regulation limit the content of VOC in coatings, thereby 
reducing VOC emissions from the application of these coatings. In 
addition, limits on the use of speciality coatings; limits on the VOC 
content of surface preparation materials; clean-up and ``housekeeping'' 
provisions; and the requirement to use a controlled air spray system 
will further reduce emissions from this source category. Finally, 
Maryland's recordkeeping, reporting, and testing provisions ensure that 
this regulation is enforceable. Therefore, this regulation, which will 
achieve significant VOC emission reductions from the autobody 
refinishers in Maryland, is fully approvable. These reductions are 
needed for Maryland's 15% plans.

Definition of the Term ``Motor Vehicle'' (COMAR 26.11.01.01B(20-I) and 
26.11.24.01B(9-I))

    These new provisions establish a definition for the term ``motor 
vehicle'' in Maryland's general definitions, COMAR 26.11.01.01B, and in 
Maryland's stage II vapor recovery regulation, COMAR 26.11.24. Maryland 
has defined the term ``motor vehicle'' as ``a vehicle registered with 
the Maryland Motor Vehicle Administration or the equivalent agency of 
another state.''
    EPA Evaluation: These new provisions serve to strengthen Maryland's 
stage II vapor recovery regulation by clarifying the applicability and 
exemptions of that regulation. Because this added definition will 
clarify a regulation in Maryland's SIP, it is approvable.
    EPA is approving these SIP revisions without prior proposal because 
the Agency views this as a noncontroversial amendment and anticipates 
no adverse comments. However, in a separate document in this Federal 
Register publication, EPA is proposing to approve the SIP revisions 
should adverse or critical comments be filed. This action will be 
effective September 18, 1997 unless, by September 3, 1997 adverse or 
critical comments are received.
    If EPA receives such comments, this action will be withdrawn before 
the effective date by publishing a subsequent document that will 
withdraw the final action. All public comments received will then be 
addressed in a subsequent final rule based on this action serving as a 
proposed rule. EPA will not institute a second comment period on this 
action. Any parties interested in commenting on this action should do 
so at this time. If no such comments are received, the public is 
advised that this action will be effective on September 18, 1997.

Final Action

    EPA is approving revisions to the Maryland SIP to establish VOC 
control requirements for autobody refinishing and degreasing 
operations. These regulations achieve fully enforceable VOC emission 
reductions. EPA is also approving a definition for the term ``motor 
vehicle'' as an addition to the Maryland SIP.
    Nothing in this action should be construed as permitting or 
allowing or establishing a precedent for any future request for 
revision to any state implementation plan. Each request for revision to 
the state implementation plan shall be considered separately in light 
of specific technical, economic, and environmental factors and in 
relation to relevant statutory and regulatory requirements.

Administrative Requirements

A. Executive Order 12866

    The Office of Management and Budget (OMB) has exempted this 
regulatory action from E.O. 12866 review.

B. Regulatory Flexibility Act

    Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA 
must prepare a regulatory flexibility analysis assessing the impact of 
any proposed or final rule on small entities. 5 U.S.C. 603 and 604. 
Alternatively, EPA may certify that the rule will not have a 
significant impact on a substantial number of small entities. Small 
entities include small businesses, small not-for-profit enterprises, 
and government entities with jurisdiction over populations of less than 
50,000.
    SIP approvals under section 110 and subchapter I, part D of the 
Clean Air Act do not create any new requirements but simply approve 
requirements that the State is already imposing. Therefore, because the 
Federal SIP approval does not impose any new requirements, the Regional 
Administrator certifies that it does not have a significant impact on 
any small entities affected. Moreover, due to the nature of the 
Federal-State relationship under the CAA, preparation of a flexibility 
analysis would constitute Federal inquiry into the economic 
reasonableness of state action. The Clean Air Act forbids EPA to base 
its actions concerning SIPs on such grounds. Union Electric Co. v. U.S. 
EPA, 427 U.S. 246, 255-66 (1976); 42 U.S.C. 7410(a)(2).

C. Unfunded Mandates

    Under section 202 of the Unfunded Mandates Reform Act of 1995 
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA 
must prepare a budgetary impact statement to accompany any proposed or 
final rule that includes a Federal mandate that may result in estimated 
costs to State, local, or tribal governments in the aggregate; or to 
private sector, of $100 million or more. Under section 205, EPA must 
select the most cost-effective and least burdensome alternative that 
achieves the objectives of the rule and is consistent with statutory 
requirements. Section 203 requires EPA to establish a plan for 
informing and advising any small governments that may be significantly 
or uniquely impacted by the rule.
    EPA has determined that the approval action proposed/promulgated 
does not include a Federal mandate that may result in estimated costs 
of $100 million or more to either State, local, or tribal governments 
in the aggregate, or to the private sector. This Federal action 
approves pre-existing requirements under State or local law, and 
imposes no new requirements. Accordingly, no additional costs to State, 
local, or tribal governments, or to the private sector, result from 
this action.

D. Submission to Congress and the General Accounting Office

    Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business 
Regulatory Enforcement Fairness Act of 1996, EPA submitted a report 
containing this rule and other required information to the U.S. Senate, 
the U.S. House of Representatives and the Comptroller General of the 
General Accounting Office prior to publication of the rule in today's 
Federal Register. This rule is not a ``major rule'' as defined by 5 
U.S.C. 804(2).

E. Petitions for Judicial Review

    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action, pertaining to revisions to the Maryland 
SIP establishing a definition for the term ``motor vehicle'' and 
establishing VOC control requirements for autobody refinishing and 
degreasing operations, must be filed in the United States Court of 
Appeals for the appropriate circuit by October 3, 1997. Filing a 
petition for reconsideration by the Regional Administrator of this 
final rule does not affect the finality of this rule 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

[[Page 41856]]

effectiveness of such rule or action. This action 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, Hydrocarbons, 
Incorporation by reference, Ozone, Reporting and recordkeeping 
requirements.

    Dated: July 22, 1997.
Thomas Voltaggio,
Acting Regional Administrator, Region III.

    40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

    1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401-7671q.

Subpart V--Maryland

    2. Section 52.1070 is amended by adding paragraphs (c)(122), (123), 
and (124) to read as follows:


Sec. 52.1070  Identification of plan.

* * * * *
    (c) * * *
    (122) Revisions to the Maryland State Implementation Plan submitted 
on July 17, 1995 by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of July 17, 1995 from the Maryland Department of the 
Environment transmitting additions to Maryland's State Implementation 
Plan, pertaining to volatile organic compound regulations in Maryland's 
air quality regulations, COMAR 26.11.
    (B) Addition of new COMAR 26.11.01.01B(20-I) and new COMAR 
26.11.24.01B(9-I), definition of the term ``motor vehicle,'' adopted by 
the Secretary of the Environment on April 7, 1995, and effective on May 
8, 1995.
    (ii) Additional material.
    (A) Remainder of July 17, 1995 Maryland State submittal pertaining 
to COMAR 26.11.01.01B(20-I) and COMAR 26.11.24.01B(9-I), definition of 
the term ``motor vehicle.''
    (123) Revisions to the Maryland State Implementation Plan submitted 
on July 12, 1995 by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of July 12, 1995 from the Maryland Department of the 
Environment transmitting additions and deletions to Maryland's State 
Implementation Plan, pertaining to volatile organic compound 
regulations in Maryland's air quality regulations, Code of Maryland 
Administrative Regulations (COMAR) 26.11.
    (B) Deletion of old COMAR 26.11.19.09 Volatile Organic Compound 
Metal Cleaning (entire regulation).
    (C) Addition of new COMAR 26.11.19.09 Control of VOC Emissions from 
Cold and Vapor Degreasing, adopted by the Secretary of the Environment 
on May 12, 1995, and effective on June 5, 1995, including the 
following:
    (1) Addition of new COMAR 26.11.19.09.A Definitions.
    (2) Addition of new COMAR 26.11.19.09.B Terms Defined, including 
definitions for the terms ``cold degreasing,'' ``degreasing material,'' 
``grease,'' ``halogenated substance,'' ``vapor degreasing,'' and ``VOC 
degreasing material.''
    (3) Addition of new COMAR 26.11.19.09.C Applicability.
    (4) Addition of new COMAR 26.11.19.09.D Requirements.
    (5) Addition of new COMAR 26.11.19.09.E Specifications for Cold 
Degreasing and Requirements for Vapor Degreasing.
    (6) Addition of new COMAR 26.11.19.09.F. Records.
    (ii) Additional material.
    (A) Remainder of July 12, 1995 Maryland State submittal pertaining 
to COMAR 26.11.19.09 Control of VOC Emissions from Cold and Vapor 
Degreasing.
    (124) Revisions to the Maryland State Implementation Plan submitted 
on July 12, 1995 by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of July 12, 1995 from the Maryland Department of the 
Environment transmitting additions to Maryland's State Implementation 
Plan, pertaining to volatile organic compound regulations in Maryland's 
air quality regulations, Code of Maryland Administrative Regulations 
(COMAR) 26.11.
    (B) Addition of new COMAR 26.11.19.23 Control of VOC Emissions from 
Vehicle Refinishing, adopted by the Secretary of the Environment on May 
1, 1995, and effective on May 22, 1995, including the following:
    (1) Addition of new COMAR 26.11.19.23A Definitions, including 
definitions for the terms ``base coat/clear coat system,'' ``controlled 
air spray system,'' ``mobile equipment,'' ``multistage coating 
equipment,'' ``precoat,'' ``pretreatment,'' ``primer sealer,'' ``primer 
surfacer,'' ``specialty coating,'' ``topcoat,'' and ``vehicle 
refinishing.''
    (2) Addition of new COMAR 26.11.19.23B. Applicability and 
Exemptions.
    (3) Addition of new COMAR 26.11.19.23C. Coating Standards and 
General Conditions.
    (4) Addition of new COMAR 26.11.19.23D. Calculations.
    (5) Addition of new COMAR 26.11.19.23E. Requirements for Specialty 
Coatings.
    (6) Addition of new COMAR 26.11.19.23F. Coating Application 
Equipment Requirements.
    (7) Addition of new COMAR 26.11.19.23G. Cleanup and Surface 
Preparation Requirements
    (8) Addition of new COMAR 26.11.19.23H. Monitoring and Records.
    (ii) Additional material.
    (A) Remainder of July 12, 1995 Maryland State submittal pertaining 
to COMAR 26.11.19.23 Vehicle Refinishing.

[FR Doc. 97-20471 Filed 8-1-97; 8:45 am]
BILLING CODE 6560-50-U


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