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[Federal Register: September 29, 2010 (Volume 75, Number 188)]
[Rules and Regulations]               
[Page 59973-59975]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29se10-7]                         

[[Page 59973]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2010-0594; FRL-9208-2]

 
Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; Control of Volatile Organic Compound Emissions From 
Industrial Solvent Cleaning Operations

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 consists of an addition to 
Maryland's Volatile Organic Compounds from Specific Processes 
Regulation. MDE has adopted standards for industrial solvent cleaning 
operations that satisfy the reasonably available control technology 
(RACT) requirements for sources of volatile organic compounds (VOCs) 
covered by control techniques guidelines (CTG). This amendment reduces 
VOC emissions from industrial solvent cleaning operations which will 
help Maryland attain and maintain the National Ambient Air Quality 
Standards (NAAQS) for ozone. This action is being taken under the Clean 
Air Act (CAA).

DATES: This rule is effective on November 29, 2010 without further 
notice, unless EPA receives adverse written comment by October 29, 
2010. 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-2010-0594, by one of the following methods:
    A. http://www.regulations.gov. Follow the on-line instructions for 
submitting comments.
    B. E-mail: pino.maria@epa.gov.
    C. Mail: EPA-R03-OAR-2010-0594, Maria Pino, Acting 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-
2010-0594. EPA's policy is that all comments received will be included 
in the public docket without change, and may be made available online 
at http://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 http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site 
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 http://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 
http://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 http://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 the 
Environment, 1800 Washington Boulevard, Suite 705, Baltimore, Maryland 
21230.

FOR FURTHER INFORMATION CONTACT: Jacqueline Lewis, (215) 814-2037, or 
by e-mail at lewis.jacqueline@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background

    Clean Air Act (CAA) section 172(c)(1) provides that SIPs for 
nonattainment areas must include ``reasonably available control 
measures'' (RACM), including ``reasonably available control 
technology,'' 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.
    CAA section 183(e) directs EPA to list for regulation those 
categories of products that account for at least 80 percent of the VOC 
emissions, on a reactivity-adjusted basis, from consumer and commercial 
products in areas that violate the NAAQS for ozone. The CTG is intended 
to provide state and local air pollution control authorities 
information that should assist them in determining RACT for VOC from 
industrial cleaning solvents operations.
    In September 2006, EPA published a CTG for industrial solvent 
cleaning operations. This CTG lists the cleaning operations associated 
with industrial cleaning solvents, identifies the sources of VOC 
emissions from those cleaning operations, and describes the emissions 
threshold that applies to this CTG and available control options for 
addressing VOC emissions.
    In February 1994, EPA published and Alternative Control Techniques 
(ACT) document for industrial cleaning solvents. This report describes 
alternative techniques that will reduce VOC emissions from those 
industrial cleaning solvents used to remove contaminants. The ACT 
document also provides a quantitative overview of cleaning solvents 
used and a model for accounting and tracking solvent usage. This 
document is also an appendix to the CTG document listed above.

II. Summary of SIP Revision

    On April 22, 2010, the State of Maryland submitted a SIP revision 
(10-03) to address sources of VOC emissions covered by EPA's 
CTG: Industrial Cleaning Solvents (see EPA 453/R-06-001, September 
2006). This SIP revision adds a new regulation .09-1 under COMAR 
26.11.19 (Volatile Organic Compounds from Specific Processes).
    COMAR 26.11.19.09-1--Control of VOC Emissions from Industrial 
Solvent Cleaning Operations Other Than Cold and Vapor Degreasing--
affects facilities that emit 15 pounds or more per day of VOCs (before 
consideration of controls) from the use of industrial solvent

[[Page 59974]]

cleaning operations other then cold and vapor degreasing. Exclusions 
include:
     Cleaning operations at sources subject to any other VOC 
regulation in COMAR 26.11.19:
     Cleaning of electrical and electric components;
     Cleaning of high precision optics;
     Stripping;
     Janitorial cleaning; cleaning of resin, coating, ink, and 
adhesive mixing, molding and application equipment;
     Cleaning operations in research and development 
laboratories;
     Cleaning operations in medical device or pharmaceutical 
manufacturing; and
     Cleaning operations related to performance or quality 
assurance testing of coatings, inks, or adhesives.
    COMAR 26.11.19.09-1 requires the vapor pressure of the cleaning 
solution to be less than or equal to 8 millimeters of mercury (mm Hg) 
at 20[deg] C before it may be used. This regulation also requires the 
maintenance of monthly records of the total solvent material used. 
These records must be made available to MDE upon request. Facilities 
affected by this regulation must also observe the work practice 
requirements, compliance procedures and test methods found in COMAR 
26.11.19.02 (Applicability, Determining Compliance, Reporting, and 
General Requirements).
    During the State's public comment period, a comment was received 
opposing the implementation of the 50 grams VOC per liter limit to 
digital printing operations. The commenter stated that the provisions 
contained in COMAR 26.11.19.18F include the use of cleaning solvents by 
digital printing operations; therefore digital operations should be 
exempt from this proposed regulation. In response Maryland concluded 
that digital printing sources are subject to the regulations under 
COMAR 26.11.19.18F, and are therefore exempt from the requirements of 
COMAR 26.11.19.09-1. EPA agrees with Maryland's response; since 
Maryland's definition of Industrial Solvent Cleaning Operations 
includes many exemptions, one of which excludes all sources subject to 
the requirements of any other VOC regulation in COMAR 26.11.19 
(Volatile Organic Compounds from Specific Processes). COMAR 
26.11.19.09-1A(6)(b)(ii), reads as follows: Industrial Solvent Cleaning 
Operations does not include cleaning operations at sources subject to 
any other VOC regulations in this subtitle.

III. Final Action

    EPA is approving Maryland's SIP revision because it meets the 
requirement for establishing RACT for sources of VOC emissions covered 
by EPA's Industrial Cleaning Solvents CTG. 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 November 29, 2010 without further notice unless EPA 
receives adverse comment by October 29, 2010. 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.

IV. Statutory and Executive Order Reviews

A. General Requirements

    Under the Clean Air Act, 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 Clean Air Act. 
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 Clean Air Act; 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 November 29, 2010. 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

[[Page 59975]]

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 RACT requirements 
for VOC emissions from industrial cleaning solvents 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: September 14, 2010.
W.C. Early,
Acting Regional Administrator, Region III.

0
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 adding an 
entry for COMAR 26.11.19.09-1 to read as follows:

Sec.  52.1070  Identification of plan.

* * * * *
    (c) * * *

                                  EPA-Approved Regulations in the Maryland SIP
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                                                                                                   Additional
Code of Maryland administrative                              State                                explanation/
 regulations (COMAR)  citation        Title/subject        effective      EPA approval date      citation at 40
                                                              date                                CFR 52.1100
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                                                  * * * * * * *
                           26.11.19 Volatile Organic Compounds from Specific Processes
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                                                  * * * * * * *
26.11.19.09-1..................  Control of VOC               4/19/10  9/29/10 [Insert page    New Regulation.
                                  Emissions from                        number where the
                                  Industrial Solvent                    document begins].
                                  Cleaning Operations
                                  Other Than Cold and
                                  Vapor Degreasing.

                                                  * * * * * * *
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[FR Doc. 2010-24421 Filed 9-28-10; 8:45 am]
BILLING CODE 6560-50-P
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