Daily Rules, Proposed Rules, and Notices of the Federal Government
Throughout this document, whenever “we,” “us,” or “our” is used, we mean EPA.
The 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 ” (RACT), for sources of emissions. Section 182(b)(2)(A) of the CAA provides that for certain nonattainment areas, states must revise their SIPs to include RACT for sources of volatile organic compounds (VOC) emissions covered by a CTG document issued after November 15, 1990 and prior to the area's date of attainment.
EPA develops CTGs as guidance on control requirements for specific source categories. The CTGs are intended to provide state and local air pollution control authorities information that should assist them in determining RACT for VOC. The State of Maryland through MDE submitted revisions to its SIP to address the following RACT source categories: (1) Paper, film, and foil coatings; (2) industrial cleaning solvents; (3) miscellaneous metal and plastic parts coatings; (4) large appliance coatings; (5) offset lithographic printing and letterpress printing; (6) flat wood paneling coatings; and (7) flexible package printing.
In 1977, 1978, 1993 and 1994, EPA developed CTGs for all the source categories listed above, and in 2006, 2007 and 2008, EPA developed new CTGs for these source categories after conducting a review of existing state and local VOC emission reduction approaches for these industries, reviewing the original CTGs, and taking into account the information that has become available since original development. EPA's new CTGs are entitled
On April 5, 2012, EPA received a SIP revision from MDE which addressed sources of VOC emissions covered by EPA's CTGs for the seven source categories identified above and which includes amendments to COMAR 26.11.01.04 and COMAR 26.11.19.02.
The new amendments to COMAR 26.11.01.04C provide updated provisions for the test methods that are referenced under COMAR 26.11.19.02D. These amendments incorporate by reference federal methods under Section C (Emissions Test Methods) and include: (1) 40 CFR Part 60, Appendix A, as amended; (2) MDE's Technical Memorandum 91-01, “Test Methods and Equipment Specifications for Stationary Sources,” January 1991, as amended through Supplement 3 (October 1, 1997); and (3) for course particulate matter (PM
The amendments to COMAR 26.11.19.02(D), (E), and (I) apply to sources covered by the CTG categories and other regulations covered under COMAR 26.11.19 involving testing, cleaning solutions, solvents, or degreasing materials. These amendments make the requirements more consistent with EPA's CTG guidance for alternative test methods, calculation methods, and work practice standards.
COMAR 26.11.19.02(D) (Test Methods) establishes methods, procedures and requirements for the alternative testing of control devices. The revision amends COMAR 26.11.19.02(D)(2) by requiring sources that use air pollution control equipment to comply with the requirements of COMAR 26.11.19 make the determination in accordance with COMAR 26.11.01.04(C). The revision also adds COMAR 26.11.19.02(D)(3) requiring MDE and EPA approval if a source chooses to determine compliance using alternative test methods.
COMAR 26.11.19.02(E) (Computations) establishes methods, procedures and requirements for calculations needed to determine compliance with regulations covered under COMAR 26.11.19. The addition of COMAR 26.11.19.02(E)(3) establishes the method required to determine composite vapor pressure of solvent cleaning material. The addition of COMAR 26.11.19.02(E)(4) establishes the method to determine mass VOC to mass solids applied for coatings, adhesives, or inks. The addition of COMAR 26.11.19.02(E)(5) establishes the method to determine the weight of VOC in units of weight VOC per weight coating applied for coatings, adhesives, or inks.
The amendment to COMAR 26.11.19.02(G) (Control of Major Stationary Sources of Volatile Organic Compounds) exempts additional VOC RACT regulations that had not been adopted since 1991. The regulation now exempts major stationary sources that are subject to COMAR 26.11.10, COMAR 26.11.11, COMAR 26.11.13, COMAR 26.11.14, and COMAR 26.11.19.03-.33.
COMAR 26.11.19.02(I) (Good Operating Practices, Equipment Cleanup, and VOC Storage) adds additional work practice requirements for the handling of cleaning material. This revision adds three additional good operating practice requirements to the previous five requirements under COMAR 26.11.19.02(I)(2)(b). They include minimizing spills of VOC-containing cleaning materials, minimizing VOC emissions from cleaning of storage, mixing, and conveying equipment and also requiring closed containers or pipelines be used to transport VOC-containing cleaning materials from one location to another.
A detailed summary of EPA's review and rationale for proposing to approve this SIP revision may be found in the Technical Support Document (TSD) for this action which is available on line at
EPA is proposing to approve Maryland's SIP revision submitted April 5, 2012, amending Regulation .04 Testing and Monitoring under COMAR 26.11.01 General Administrative Provisions and Regulation .02 Applicability, Determining Compliance, Reporting and General Requirements under COMAR 26.11.19 Volatile Organic Compounds from Specific Processes for adoption of various test methods, calculations methods, work practice standards, and exemptions in accordance with CTGs for VOC RACT. EPA is soliciting public comments on the issues discussed in this document. These comments will be considered before taking final action.
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 proposes to approve state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this proposed 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
• 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
• 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 proposed rule concerning Maryland's adoption of various test methods, calculations methods, work practice standards and exemptions in accordance with CTGs for VOC RACT 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.
Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds.
42 U.S.C. 7401