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[Federal Register Volume 76, Number 92 (Thursday, May 12, 2011)]
[Rules and Regulations]
[Pages 27610-27613]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-11557]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2011-0142; FRL-9304-2]

Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; Adoption of Control Techniques Guidelines for Large Appliance 
Coatings

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve a State 
Implementation Plan (SIP) revision submitted by the Maryland Department 
of the Environment (MDE). This SIP revision includes amendments to 
Maryland's regulation for Volatile Organic Compounds from Specific 
Processes and meets the requirement to adopt Reasonably Available 
Control Technology (RACT) for sources covered by EPA's Control 
Techniques Guidelines (CTG) standards for large appliance coatings. 
These amendments will reduce emissions of volatile organic compound 
(VOC) emissions from large appliance coating facilities. Therefore, 
this revision will help Maryland attain and maintain the national 
ambient air quality standard (NAAQS) for ozone. This action is being 
taken under the Clean Air Act (CAA).

DATES: This rule is effective on July 11, 2011 without further notice, 
unless EPA receives adverse written comment by June 13, 2011. If EPA 
receives such comments, it will publish a timely withdrawal of the 
direct final rule in the Federal Register and inform the public that 
the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2011-0142, by one of the following methods:
    A. www.regulations.gov. Follow the on-line instructions for 
submitting comments.
    B. E-mail: fernandez.cristina@epa.gov.
    C. Mail: EPA-R03-OAR-2011-0142, Cristina Fernandez, Associate 
Director, Office of Air Program Planning, Mailcode 3AP30, U.S. 
Environmental Protection Agency, Region III, 1650 Arch Street, 
Philadelphia, Pennsylvania 19103.
    D. Hand Delivery: At the previously-listed EPA Region III address. 
Such deliveries are only accepted during the Docket's normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2011-0142. EPA's policy is that all comments received will be included 
in the public docket without change, and may be made available online 
at www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or otherwise protected through www.regulations.gov or e-mail. 
The www.regulations.gov website is an anonymous access system, which 
means EPA will not know your identity or contact information unless you 
provide it in the body of your comment. If you send an e-mail comment 
directly to EPA without going through www.regulations.gov, your e-mail 
address will be automatically captured and included as part of the 
comment that is placed in the public docket and made available on the 
Internet. If you submit an electronic comment, EPA recommends that you 
include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses.
    Docket: All documents in the electronic docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, i.e., 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 either electronically in www.regulations.gov or 
in hard copy during normal business hours at the Air Protection 
Division, U.S. Environmental Protection Agency, Region III, 1650 Arch 
Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal 
are available at the Maryland Department of

[[Page 27611]]

the Environment, 1800 Washington Boulevard, Suite 705, Baltimore, 
Maryland 21230.

FOR FURTHER INFORMATION CONTACT: Gregory Becoat, (215) 814-2036, or by 
e-mail at becoat.gregory@epa.gov.

SUPPLEMENTARY INFORMATION: On December 15, 2010, MDE submitted to EPA 
SIP revision concerning the adoption of the EPA CTG for large appliance 
coatings.

I. Background

    Section 172(c)(1) of the CAA provides that SIPs for nonattainment 
areas must include reasonably available control measures (RACM), 
including RACT, for sources of emissions. Section 182(b)(2)(A) provides 
that for certain nonattainment areas, States must revise their SIPs to 
include RACT for sources of VOC emissions covered by a CTG document 
issued after November 15, 1990 and prior to the area's date of 
attainment.
    EPA defines RACT as ``the lowest emission limitation that a 
particular source is capable of meeting by the application of control 
technology that is reasonably available considering technological and 
economic feasibility.'' (44 FR 53761, Sept. 17, 1979). In subsequent 
Federal Register notices, EPA has addressed how states can meet the 
RACT requirements of the CAA.
    The CTG for large appliance coatings is intended to provide State 
and local air pollution control authorities information that should 
assist them in determining RACT for VOC from large appliance coatings. 
In developing this CTG, EPA evaluated the sources of VOC emissions from 
the large appliance coating industry and the available control 
approaches for addressing these emissions, including the costs of such 
approaches. Based on available information and data, EPA provides 
recommendations for RACT for large appliance coating.
    In December 1977, EPA published a final CTG for large appliance 
coatings, entitled ``Control of Volatile Organic Emissions from 
Existing Stationary Sources, Volume V, Surface Coating of Large 
Appliances,'' EPA-450/2-77-034 (December 1977). In October 1982, EPA 
promulgated national standards of performance for new stationary 
sources (NSPS) for large appliances (40 CFR part 60, subpart SS). The 
1982 NSPS requires VOC emissions limits based on VOC content of low VOC 
coating materials. In July 2002, EPA promulgated a national emission 
standard for hazardous air pollutants (NESHAP) for these industries 
large appliances (40 CFR part 63, subpart NNNN). The 2002 NESHAP 
establishes national emission standards for hazardous air pollutants 
(HAP) for large appliance surface coating facilities and emissions 
limits based on the organic HAP content of low organic HAP coating 
materials.
    In 2006 and 2007, after conducting a review of currently existing 
state and local VOC emission reduction approaches for these industries, 
reviewing the 1977/1978 CTGs and the NESHAPs for these industries, and 
taking into account the information that has become available since 
then, EPA developed new CTGs for: Surface coating of large appliances, 
entitled ``Control Techniques Guidelines for Large Appliance 
Coatings,'' EPA 453/R-07-004 (September 2007).
    Large appliance coatings include, but are not limited to, materials 
referred to as paint, topcoats, basecoats, primers, enamels, and 
adhesives used in the manufacture of large appliance parts or products. 
A large appliance part is defined as any organic surface-coated metal 
lid, door, casing, panel, or other interior or exterior part or 
accessory that is assembled to form a large appliance product. A large 
appliance product is also defined as any organic surface-coated metal 
range, oven, microwave, refrigerator, freezer, washer, dryer, 
dishwasher, water heater, or trash compactor manufactured for 
household, commercial, or recreational use. There are several 
approaches to reducing VOC emissions from large appliance coatings: (1) 
Emission limits that can be achieved through the use of low-VOC 
coatings, (2) equivalent emission limits that can be achieved through 
the use of low-VOC coatings or a combination of coatings and add-on 
controls, (3) an overall control efficiency of 90 percent for add-on 
controls, and (4) the implementation of work practice standards.

II. Summary of SIP Revision

    On December 15, 2010, MDE submitted to EPA a SIP revision 
(10-09) concerning the adoption of the EPA CTG for large 
appliance coatings. EPA develops CTGs as guidance on control 
requirements for source categories. States can follow the CTGs or adopt 
more restrictive standards. MDE is adopting the more restrictive 2.3 
pounds/gallon (lbs/gal) standard for large appliance coatings (see EPA-
450/2-78-034, June 1978). This SIP revision amends Regulation .06--
Large Appliance Coatings under COMAR 26.11.19--Volatile Organic 
Compounds from Specific Processes. This action affects sources that 
coat doors, cases, lids, panels, or other interior or exterior part or 
accessory of residential and commercial washers, dryers, ranges, 
refrigerators, freezers, water heaters, dishwashers, trash compactors, 
air conditioners, ovens, microwave ovens, and other similar products.
    Regulation COMAR 26.11.19.06--Control of Volatile Organic Compounds 
Emissions from Large Appliance Coatings includes under section .06A the 
definition for large appliance coatings. Under section .06B, it also 
includes the coating standard requirements for large appliance 
coatings. These standards require that any person who uses a large 
appliance coating installation may not cause or permit the discharge 
into the atmosphere of any VOC from a large appliance coating 
installation in excess of 2.3 lbs/gal of coating applied (excluding 
water) (0.275 kg/l of coating applied (excluding water)); shall use 
control equipment to achieve an overall VOC emissions reduction of 90 
percent or greater from the large appliance coating installation at the 
affected facility; and use one or more of the following application 
methods: (a) Electrostatic application; (b) high volume/low pressure 
(HVLP) spray; (c) Flow coat; (d) Roller coat; (e) Dip coat including 
electrodeposition; (f) Brush coat; or (g) other coating application 
method that has a transfer efficiency equivalent to or better than that 
achieved by HVLP spraying.

III. Final Action

    EPA is approving the Maryland SIP revision that adopts the CTG 
standards for large appliance coatings. EPA is publishing this rule 
without prior proposal because the Agency views this as a 
noncontroversial amendment and anticipates no adverse comment. However, 
in the Proposed Rules section of today's Federal Register, EPA is 
publishing a separate document that will serve as the proposal to 
approve the SIP revision if adverse comments are filed. This rule will 
be effective on July 11, 2011 without further notice unless EPA 
receives adverse comment by June 13, 2011. If EPA receives adverse 
comment, EPA will publish a timely withdrawal in the Federal Register 
informing the public that the rule will not take effect. EPA will 
address all public comments in a subsequent final rule based on the 
proposed rule. EPA will not institute a second comment period on this 
action. Any parties interested in commenting must do so at this time.

[[Page 27612]]

IV. 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 Act 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 Order 
12866 (58 FR 51735, October 4, 1993);
     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 Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by July 11, 2011. 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. Parties with objections to this direct final 
rule are encouraged to file a comment in response to the parallel 
notice of proposed rulemaking for this action published in the proposed 
rules section of today's Federal Register, rather than file an 
immediate petition for judicial review of this direct final rule, so 
that EPA can withdraw this direct final rule and address the comment in 
the proposed rulemaking.
    This action pertaining to Maryland's adoption of the CTG standards 
for large appliance coatings may not be challenged later in proceedings 
to enforce its requirements. (See CAA section 307(b)(2).)

List of Subjects in 40 CFR Part 52

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

    Dated: April 26, 2011.
James W. Newsom,
Acting Regional Administrator, Region III.

    40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

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 
an entry for COMAR 26.11.19.06 to read as follows:

Sec.  52.1070  Identification of plan.

* * * * *
    (c) * * *

                                  EPA-Approved Regulations in the Maryland SIP
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       Code of Maryland                               State
  Administrative Regulations      Title/subject     effective   EPA approval date     Additional explanation/
       (COMAR) citation                                date                          citation at 40 CFR 52.1100
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                                                  * * * * * * *
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                           26.11.19 Volatile Organic Compounds from Specific Processes
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                                                  * * * * * * *
26.11.19.06...................  Large Appliance        10/1/10  5/12/11 [Insert
                                 Coating.                        page number
                                                                 where the
                                                                 document begins].
 
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[FR Doc. 2011-11557 Filed 5-11-11; 8:45 am]
BILLING CODE 6560-50-P
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