Federal Register / Vol. 77, No. 187 / Wednesday, September 26, 2012 / Rules and Regulations 59093 

State citation Title/subject 

State 

effective 

date 

EPA approval date Additional explanation/ 

§ 52.2063 citation 

Title 25—Environmental Protection 

Article III—Air Resources 

Chapter 121—General Provisions 

Section 121.1 ............ Definitions ........................... 12/25/10 9/26/12 [Insert page number where the document begins].Amends and adds definitions. 

* * * * * * * 

Chapter 129—Standards for Sources 

*******

Sources of VOCs 

Section 129.51 .......... General ............................... 12/25/10 9/26/12 [Insert page number where the document begins].Amends section 129.51(a). 

* * * * * * * 

Section 129.77 .......... Control of emissions from 

the use or application of 

adhesives, sealants, 

primers and solvents.

12/25/10 9/26/12 [Insert page number where the document begins].New section is added. 

* * * * * * * 

Chapter 130—Standards for Products 

*******

Subchapter D—Adhesives, Sealants, Primers and Solvents 

Section 130.701 ........ Applicability ........................ 12/25/10 9/26/12 [Insert page number where the document begins].New section is added. 

Section 130.702 ........ Emission standards ............ 12/25/10 9/26/12 [Insert page number where the document begins].New section is added. 

Section 130.703 ........ Exemptions and exceptions 12/25/10 9/26/12 [Insert page number where the document begins].New section is added. 

Section 130.704 ........ Recordkeeping requirements.12/25/10 9/26/12 [Insert page number where the document begins].New section is added. 

Section 130.705 ........ Compliance procedures 

and test methods.

12/25/10 9/26/12 [Insert page number where the document begins].New section is added. 

Section 130.706 ........ Container labeling .............. 12/25/10 9/26/12 [Insert page number where the document begins].New section is added. 

Section 130.707 ........ Product dating .................... 12/25/10 9/26/12 [Insert page number where the document begins].New section is added. 

Section 130.708 ........ Sell-through of products ..... 12/25/10 9/26/12 [Insert page number where the document begins].New section is added. 

* * * * * * * 

* * * * * 

[FR Doc. 2012–23568 Filed 9–25–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2012–0468; FRL–9731–7] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Maryland-Revision for the Control of 

Volatile Organic Compounds 

Emissions From Vehicle Refinishing 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving a State 

Implementation Plan (SIP) revision 

submitted by the State of Maryland 

pertaining to ‘‘Control of Volatile 

Organic Compounds Emissions from 

Vehicle Refinishing.’’ The SIP revision 

establishes new volatile organic 

compounds (VOC) content limits and 

standards for coating and cleaning 

solvents used in vehicle refinishing. 

This action is being taken under the 

Clean Air Act (CAA). 

DATES: This final rule is effective on 

October 26, 2012. 

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59094 Federal Register / Vol. 77, No. 187 / Wednesday, September 26, 2012 / Rules and Regulations 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2012–0468. All 

documents in the docket are listed in 

the www.regulations.gov Web site. 

Although listed in the electronic docket, 

some information is not publicly 

available, i.e., 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 either electronically through 

www.regulations.gov or in hard copy for 

public inspection 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 

the Environment, 1800 Washington 

Boulevard, Suite 705, Baltimore, 

Maryland 21230. 

FOR FURTHER INFORMATION CONTACT: 

Emlyn Ve ́lez-Rosa, (215) 814–2038, or 

by email at velez-rosa.emlyn@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. 

I. Background 

On May 8, 2012, the Maryland 

Department of the Environment (MDE) 

submitted a formal SIP revision (#12– 

04) to EPA pertaining to regulation 

COMAR 26.11.19.23 ‘‘Control of 

Volatile Organic Compounds Emissions 

from Vehicle Refinishing.’’ The SIP 

revision establishes new volatile organic 

compounds (VOC) content limits for 

coating and cleaning solvents used in 

vehicle refinishing and standards for 

coating application, work practices, 

monitoring, and recordkeeping. On July 

10, 2012 (77 FR 40550), EPA published 

a notice of proposed rulemaking (NPR) 

proposing approval of Maryland’s 

revisions to COMAR 26.11.19.23 

‘‘Control of Volatile Organic 

Compounds Emissions from Vehicle 

Refinishing’’ as adopted by the State of 

Maryland on March 26, 2012. The 

compliance date of the adopted 

regulation COMAR 26.11.19.23 is July 1, 

2013. 

II. Summary of SIP Revision 

The SIP revision establishes VOC 

content limits for automotive coatings 

and cleaning solvents used in vehicle 

refinishing and standards for coating 

application, work practices, monitoring, 

and recordkeeping. Maryland’s 

revisions to COMAR 26.11.19.23 

include establishing VOC content limits 

for 11 categories of automotive coatings 

and two categories of cleaning solvents 

which are used in the preparation, 

application, and drying phases of 

vehicle refinishing. All affected sources 

must comply with provisions of this 

regulation by July 1, 2013. This SIP 

revision will achieve emission 

reductions of VOC throughout the State 

of Maryland. 

Maryland’s revisions to COMAR 

26.11.19.23 are based on the 2009 

‘‘Model Rule for Motor Vehicle and 

Mobile Equipment Non-Assembly Line 

Coating Operations’’ (MVMERR) 

developed in conjunction with member 

states of the Ozone Transport 

Commission (OTC). The MVMERR and 

the adopted regulation COMAR 

26.11.19.23 comply with EPA’s 

requirements set forth in 40 CFR Part 

59, subpart B ‘‘National Volatile Organic 

Compound Emissions Standards for 

Automobile Refinish Coatings’’ and 40 

CFR part 63 subpart HHHHHH 

‘‘National Emission Standards for 

Hazardous Air Pollutants: Paint 

Stripping and Miscellaneous Surface 

Coating Operations at Area Sources.’’ 

Specific information concerning 

revisions to COMAR 26.11.19.23 and 

the rationale for EPA’s proposed action 

are explained in the NPR and the 

Technical Support Document for this 

action, and will not be restated here. No 

public comments were received on the 

NPR. 

III. Final Action 

EPA is approving Maryland’s 

revisions to regulation COMAR 

26.11.19.23 ‘‘Control of Volatile Organic 

Compounds Emissions from Vehicle 

Refinishing’’ adopted by MDE on March 

26, 2012, as a revision to the Maryland 

SIP. The compliance date for this 

regulation is July 1, 2013. 

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 

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 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 

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Federal Register / Vol. 77, No. 187 / Wednesday, September 26, 2012 / Rules and Regulations 59095 

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 November 26, 2012. 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 revisions to regulation 

COMAR 26.11.19.23, 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, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Dated: August 30, 2012. 

W.C. Early, 

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 et seq. 

Subpart V—Maryland 

■ 2. In § 52.1070, the table in paragraph 

(c) is amended by revising the entry for 

COMAR 26.11.19.23 to read as follows: 

§ 52.1070 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED REGULATIONS, TECHNICAL MEMORANDA, AND STATUTES IN THE MARYLAND SIP 

Code of Maryland administrative 

regulations (COMAR) citation Title/subject State effective date EPA approval date 

Additional explanation/ 

citation at 40 CFR 

52.1100 

*******

26.11.19 Volatile Organic Compounds From Specific Processes 

*******

26.11.19.23 .................................. Control of VOC Emissions from 

Vehicle Refinishing.

4/16/12 9/26/12 [Insert page number where the document 

begins].

Entire regulation revised. 

* * * * * * * 

* * * * * 

[FR Doc. 2012–23572 Filed 9–25–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2012–0081; FRL–9728–2] 

Approval and Promulgation of 

Implementation Plans; Mississippi: 

New Source Review-Prevention of 

Significant Deterioration; Fine 

Particulate Matter (PM2.5) 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is taking final action to 

approve changes to the Mississippi State 

Implementation Plan (SIP), submitted 

by the Mississippi Department of 

Environmental Quality (MDEQ) 

Division of Air Pollution Control to EPA 

on May 12, 2011. The May 12, 2011, SIP 

revision modifies Mississippi’s New 

Source Review (NSR) Prevention of 

Significant Deterioration (PSD) 

permitting regulations to incorporate by 

reference, into the Mississippi SIP, 

federal NSR PSD requirements for the 

fine particulate matter (PM2.5) national 

ambient air quality standards (NAAQS) 

as promulgated in EPA’s 2008 NSR 

PM2.5 Implementation Rule and the 

2010 PM2.5 PSD Increment, Significant 

Impact Levels (SILs) and Significant 

Monitoring Concentration (SMC) Rule. 

EPA is approving portions of 

Mississippi’s May 12, 2011, SIP revision 

because they are consistent with the 

Clean Air Act (CAA or Act) and EPA 

regulations regarding NSR permitting. 

DATES: Effective Date: This rule will be 

effective October 26, 2012. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2012–0081. All documents in the docket 

are listed on the www.regulations.gov 

Web site. Although listed in the index, 

some information is not publicly 

available, i.e., 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 either electronically through 

www.regulations.gov or in hard copy at 

the Regulatory Development Section, 

Air Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. EPA 

requests that if at all possible, you 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 a.m. to 

4:30 p.m., excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: For 

information regarding the Mississippi 

SIP, contact Ms. Twunjala Bradley, 

Regulatory Development Section, Air 

Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. Ms. 

Bradley’s telephone number is (404) 

562–9352; email address: 

bradley.twunjala@epa.gov. For 

information regarding NSR, contact Ms. 

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