80 FR 60318 - Approval and Promulgation of Air Quality Implementation Plans; Maryland; Maryland's Negative Declaration for the Automobile and Light-Duty Truck Assembly Coatings Control Techniques Guidelines
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 193 (October 6, 2015)
Federal Register Volume 80, Issue 193 (October 6, 2015)
| Page Range | 60318-60320 | |
| FR Document | 2015-25346 |
[Federal Register Volume 80, Number 193 (Tuesday, October 6, 2015)] [Proposed Rules] [Pages 60318-60320] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-25346] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R03-OAR-2015-0530; FRL-9935-06-Region 3] Approval and Promulgation of Air Quality Implementation Plans; Maryland; Maryland's Negative Declaration for the Automobile and Light- Duty Truck Assembly Coatings Control Techniques Guidelines AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is proposing to approve a State Implementation Plan (SIP) revision submitted by the State of Maryland. This revision pertains to a negative declaration for the Automobile and Light-Duty Truck Assembly Coatings Control Techniques Guidelines (CTG). This action is being taken under the Clean Air Act (CAA). DATES: Written comments must be received on or before November 5, 2015. ADDRESSES: Submit your comments, identified by Docket ID Number EPA- R03-OAR-2015-0530 by one of the following methods: A. www.regulations.gov. Follow the on-line instructions for submitting comments. B. Email: fernandez.cristina@epa.gov. C. Mail: EPA-R03-OAR-2015-0530, 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- 2015-0530. 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 email. The www.regulations.gov Web site is an ``anonymous access'' system, which means EPA will not know your [[Page 60319]] identity or contact information unless you provide it in the body of your comment. If you send an email comment directly to EPA without going through www.regulations.gov, your email 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 in www.regulations.gov or may be viewed 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: Irene Shandruk, (215) 814-2166, or by email at shandruk.irene@epa.gov. SUPPLEMENTARY INFORMATION: I. Background Section 172(c)(1) of the CAA 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) provides that for certain ozone nonattainment areas, states must revise their SIP to include RACT for sources of volatile organic compound (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 (September 17, 1979). CTGs are documents issued by EPA intended to provide state and local air pollution control authorities information to assist them in determining RACT for VOC from various sources. Section 183(e)(3)(c) provides that EPA may issue a CTG in lieu of a national regulation as RACT for a product category where EPA determines that the CTG will be substantially as effective as regulations in reducing emissions of VOC, which contribute to ozone levels, in ozone nonattainment areas. The recommendations in the CTG are based upon available data and information and may not apply to a particular situation based upon the circumstances. In 1977, EPA published a CTG for automobile and light-duty truck assembly coatings. After reviewing the 1977 CTG for this industry, conducting a review of currently existing state and local VOC emission reduction approaches for this industry, and taking into account any information that has become available since then, EPA developed a new CTG entitled Control Techniques Guidelines for Automobile and Light- duty Assembly Coatings (Publication No. EPA 453/R-08-006; September 2008). States can follow the CTG and adopt state regulations to implement the recommendations contained therein. Alternatively, states can adopt a negative declaration documenting that there are no sources or emitting facilities within the state to which the CTG is applicable. The negative declaration must go through the same public review process as any other SIP submittal. II. Summary of SIP Revision and EPA's Evaluation On July 15, 2015, the Maryland Department of the Environment (MDE) submitted to EPA a SIP revision concerning a negative declaration for the Automobile and Light-Duty Truck Assembly Coatings CTG. MDE stated that the state previously had one source to which this CTG was applicable; however, the source had permanently shut down and dismantled all their equipment as of September 2005. EPA reviewed an inspection report provided by MDE indicating that the sole source to which this CTG would have been applicable did indeed permanently shut down in 2005. Additionally, EPA conducted an internet search of key terms relevant to the Automobile and Light-Duty Truck Assembly Coatings CTG and confirmed that there are no sources or emitting facilities in the State of Maryland to which this CTG is applicable. III. Proposed Action EPA is proposing to approve the Maryland SIP revision concerning the negative declaration for the Automobile and Light-Duty Truck Assembly Coatings CTG, which was submitted on July 15, 2015. EPA is soliciting public comments on the issues discussed in this document. These comments will be considered before taking final action. IV. Statutory and Executive Order Reviews 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 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 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 [[Page 60320]] 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 negative declaration for the Automobile and Light-Duty Truck Assembly Coatings CTG, 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. List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Nitrogen dioxide, Ozone, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. Dated: September 21, 2015. Shawn M. Garvin, Regional Administrator, Region III. [FR Doc. 2015-25346 Filed 10-5-15; 8:45 am] BILLING CODE 6560-50-P
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element J herein for a discussion of the • Does not contain any unfunded ENVIRONMENTAL PROTECTION
SIP’s public participation process, the mandate or significantly or uniquely AGENCY
authority to advise and consult, and the affect small governments, as described
PSD SIP’s public participation in the Unfunded Mandates Reform Act 40 CFR Part 52
requirements. Additionally, the TCAA of 1995 (Pub. L. 104–4); [EPA–R03–OAR–2015–0530; FRL–9935–06–
also requires initiation of cooperative
• Does not have Federalism Region 3]
action between local authorities and the
TCEQ, between one local authority and implications as specified in Executive
Approval and Promulgation of Air
another, or among any combination of Order 13132 (64 FR 43255, August 10,
Quality Implementation Plans;
local authorities and the TCEQ for 1999); Maryland; Maryland’s Negative
control of air pollution in areas having • Is not an economically significant Declaration for the Automobile and
related air pollution problems that regulatory action based on health or Light-Duty Truck Assembly Coatings
overlap the boundaries of political safety risks subject to Executive Order Control Techniques Guidelines
subdivisions, and entering into 13045 (62 FR 19885, April 23, 1997);
agreements and compacts with AGENCY: Environmental Protection
• Is not a significant regulatory action Agency (EPA).
adjoining states and Indian tribes, where
appropriate. subject to Executive Order 13211 (66 FR ACTION: Proposed rule.
28355, May 22, 2001);
III. Proposed Action • Is not subject to requirements of SUMMARY: The Environmental Protection
The EPA is proposing to approve the Agency (EPA) is proposing to approve a
Section 12(d) of the National
April 23, 2013, infrastructure SIP State Implementation Plan (SIP)
Technology Transfer and Advancement
submission from Texas, which revision submitted by the State of
Act of 1995 (15 U.S.C. 272 note) because Maryland. This revision pertains to a
addresses the requirements of CAA application of those requirements would
sections 110(a)(1) and (2) as applicable negative declaration for the Automobile
be inconsistent with the CAA; and and Light-Duty Truck Assembly
to the 2010 SO2 NAAQS. Specifically,
the EPA is proposing to approve the • Does not provide the EPA with the Coatings Control Techniques Guidelines
following infrastructure elements, or discretionary authority to address, as (CTG). This action is being taken under
portions thereof: 110(a)(2)(A), (B), (C), appropriate, disproportionate human the Clean Air Act (CAA).
(D)(i)(II) (PSD portion), D(ii), (E), (F), health or environmental effects, using DATES: Written comments must be
(G), (H), (J), (K), (L), and (M). The EPA practicable and legally permissible received on or before November 5, 2015.
is not proposing action on: The portion methods, under Executive Order 12898 ADDRESSES: Submit your comments,
pertaining to section 110(a)(2)(D)(i)(I), (59 FR 7629, February 16, 1994). identified by Docket ID Number EPA–
which concerns interstate pollution The EPA is not proposing to approve R03–OAR–2015–0530 by one of the
transport affecting attainment and this infrastructure SIP certification to following methods:
maintenance of the NAAQS and the apply on any Indian reservation land or A. www.regulations.gov. Follow the
portion pertaining to section on-line instructions for submitting
in any other area where the EPA or an
110(a)(2)(D)(i)(II) pertaining to visibility comments.
Indian tribe has demonstrated that a B. Email: fernandez.cristina@epa.gov.
protection. tribe has jurisdiction. In those areas of C. Mail: EPA–R03–OAR–2015–0530,
IV. Statutory and Executive Order Indian country, this proposed approval Cristina Fernandez, Associate Director,
Reviews of an infrastructure SIP certification Office of Air Program Planning,
Under the CAA, the Administrator is does not have tribal implications as Mailcode 3AP30, U.S. Environmental
required to approve a SIP submission specified by Executive Order 13175 (65 Protection Agency, Region III, 1650
that complies with the provisions of the FR 67249, November 9, 2000), nor will Arch Street, Philadelphia, Pennsylvania
Act and applicable Federal regulations. it impose substantial direct costs on 19103.
42 U.S.C. 7410(k); 40 CFR 52.02(a). tribal governments or preempt tribal D. Hand Delivery: At the previously-
Thus, in reviewing SIP submissions, the law. listed EPA Region III address. Such
EPA’s role is to approve state choices, deliveries are only accepted during the
List of Subjects in 40 CFR Part 52 Docket’s normal hours of operation, and
provided that they meet the criteria of
the CAA. Accordingly, this action Environmental protection, Air special arrangements should be made
merely proposes to approve state law as pollution control, Incorporation by for deliveries of boxed information.
meeting Federal requirements and does Instructions: Direct your comments to
reference, Intergovernmental relations, Docket ID No. EPA–R03–OAR–2015–
not impose additional requirements Sulfur dioxide reporting and
beyond those imposed by state law. For 0530. EPA’s policy is that all comments
recordkeeping requirements. received will be included in the public
that reason, this action:
• Is not a ‘‘significant regulatory Authority: 42 U.S.C. 7401 et seq. docket without change, and may be
action’’ subject to review by the Office Dated: September 22, 2015. made available online at
of Management and Budget under www.regulations.gov, including any
Ron Curry,
Executive Order 12866 (58 FR 51735, personal information provided, unless
Regional Administrator, Region 6. the comment includes information
October 4, 1993);
• Does not impose an information [FR Doc. 2015–25337 Filed 10–5–15; 8:45 am] claimed to be Confidential Business
rmajette on DSK7SPTVN1PROD with PROPOSALS
collection burden under the provisions BILLING CODE 6560–50–P Information (CBI) or other information
of the Paperwork Reduction Act (44 whose disclosure is restricted by statute.
U.S.C. 3501 et seq.); Do not submit information that you
• Is certified as not having a consider to be CBI, or otherwise
significant economic impact on a protected, through www.regulations.gov
substantial number of small entities or email. The www.regulations.gov Web
under the Regulatory Flexibility Act (5 site is an ‘‘anonymous access’’ system,
U.S.C. 601 et seq.); which means EPA will not know your
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![60320 Federal Register / Vol. 80, No. 193 / Tuesday, October 6, 2015 / Proposed Rules
health or environmental effects, using ADDRESSES: You may submit comments relating to rear impact (underride)
practicable and legally permissible (identified by the DOT Docket Number) guards (FMVSS Nos. 223 and 224). The
methods, under Executive Order 12898 by any of the following methods: the petitioners requested that NHTSA
(59 FR 7629, February 16, 1994). following methods: require underride guards on vehicles
In addition, this proposed rule • Federal eRulemaking Portal: Go to not currently required by the FMVSSs to
concerning Maryland’s negative http://www.regulations.gov. Follow the have guards, notably, single unit trucks,
declaration for the Automobile and online instructions for submitting and improve the standards’ performance
Light-Duty Truck Assembly Coatings comments. requirements for all guards. The
CTG, does not have tribal implications • Mail: Docket Management Facility, ANPRM requested comment on
as specified by Executive Order 13175 M–30, U.S. Department of NHTSA’s estimated cost and benefits of
(65 FR 67249, November 9, 2000), Transportation, West Building, Ground requirements for underride guards on
because the SIP is not approved to apply Floor, Rm. W12–140, 1200 New Jersey single unit trucks, and for retroreflective
in Indian country located in the state, Avenue SE., Washington, DC 20590. material on the rear and sides of the
and EPA notes that it will not impose • Hand Delivery or Courier: West vehicles to improve the conspicuity of
substantial direct costs on tribal Building Ground Floor, Room W12–140, the vehicles to other motorists.1 NHTSA
governments or preempt tribal law. 1200 New Jersey Avenue SE., between provided a 60-day comment period for
9 a.m. and 5 p.m. Eastern Time, Monday the ANPRM, which closed September
List of Subjects in 40 CFR Part 52
through Friday, except Federal holidays. 21, 2015.
Environmental protection, Air • Fax: (202) 493–2251.
pollution control, Incorporation by Regardless of how you submit your Reopening of Comment Period
reference, Nitrogen dioxide, Ozone, comments, please mention the docket
Volatile organic compounds. number of the ANPRM (Docket No. NHTSA is reopening the comment
NHTSA–2015–0070). period for the ANPRM for 30 days.2
Authority: 42 U.S.C. 7401 et seq. NHTSA believes that a 30 day period is
You may also call the Docket at 202–
Dated: September 21, 2015. 366–9324. sufficient and balances the interests of
Shawn M. Garvin, Instructions: For detailed instructions encouraging public participation in the
Regional Administrator, Region III. on submitting comments and additional rulemaking process with the desire to
[FR Doc. 2015–25346 Filed 10–5–15; 8:45 am] information on the rulemaking process, not unnecessarily delay key decisions
see the discussion under the by NHTSA about the rulemaking and
BILLING CODE 6560–50–P
‘‘Submission of Comments’’ heading of attainment of the potential societal
the July 23, 2015 ANPRM (80 FR at benefits associated with a final rule.
DEPARTMENT OF TRANSPORTATION 43679). Note that all comments received Accordingly, the public comment
will be posted without change to closing dates for DOT Docket No.
National Highway Traffic Safety http://www.regulations.gov, including NHTSA–2015–0070 (RIN 2127–AL57) is
Administration any personal information provided. reopened for 30 days as indicated in the
Privacy Act: Anyone is able to search DATES section of this document. NHTSA
49 CFR Part 571 the electronic form of all comments notes that the 30 day period is in
received into any of our dockets by the addition to the time that has passed
[Docket No. NHTSA–2015–0070]
name of the individual submitting the since the original September 21
RIN 2127–AL57 comment (or signing the comment, if comment closing date until today. Thus,
submitted on behalf of an association, all in all, more than 30 days has been
Federal Motor Vehicle Safety business, labor union, etc.). You may provided. It is further noted that the
Standards; Rear Impact Protection, review DOT’s complete Privacy Act agency will consider late comments to
Lamps, Reflective Devices, and Statement in the Federal Register the extent possible.
Associated Equipment Single Unit published on April 11, 2000 (Volume
Trucks Authority: 49 U.S.C. 322, 30111, 30115,
65, Number 70; Pages 19477–78) or you
30117 and 30166; delegation of authority at
AGENCY: National Highway Traffic may visit http://dms.dot.gov.
49 CFR 1.95.
Safety Administration (NHTSA), FOR FURTHER INFORMATION CONTACT: For
Department of Transportation. technical issues, you may contact Robert Raymond R. Posten,
ACTION: Advance notice of proposed Mazurowski, Office of Crashworthiness Associate Administrator for Rulemaking.
rulemaking; reopening of comment Standards (telephone: 202–366–1012) [FR Doc. 2015–25377 Filed 10–5–15; 8:45 am]
period. (fax: 202–493–2990). For legal issues, BILLING CODE 4910–59–P
you may contact Deirdre Fujita, Office
SUMMARY: This document reopens the of Chief Counsel (telephone: 202–366– 1 As noted in the ANPRM (80 FR at 43664), in the
comment period for a July 23, 2015 2992) (fax: 202–366–3820). The address near future NHTSA will be issuing a notice of
advance notice of proposed rulemaking for these officials is: National Highway proposed rulemaking on improving the standards’
(ANPRM) that NHTSA issued in Traffic Safety Administration, U.S. performance requirements for guards on all vehicles
response to a petition for rulemaking Department of Transportation, 1200 subject to the standards.
2 The National Ready Mixed Concrete Association
from Ms. Marianne Karth and the Truck New Jersey Avenue SE., West Building, (NRMCA) submitted a comment to the docket
Safety Coalition relating to rear impact Washington, DC 20590. requesting a ‘‘90-day extension’’ of the comment
rmajette on DSK7SPTVN1PROD with PROPOSALS
(underride) guards. The original SUPPLEMENTARY INFORMATION: On July period for the ANPRM. The request did not meet
comment period closed September 21, NHTSA’s requirements for timely submissions of
23, 2015, NHTSA published an ANPRM petitions for extension of the time to submit
2015. The agency is reopening the (80 FR 43663) pertaining to a petition comments (see 49 CFR 553.19). The agency’s
comment period for 30 days. for rulemaking from Ms. Marianne Karth reopening of the comment period does not result
DATES: The comment closing date for and the Truck Safety Coalition from NRMCA’s untimely petition. NHTSA also
notes that NRMCA’s requested 90 day period is
the July 23, 2015 ANPRM (Docket No. (petitioners) regarding possible excessively long. NRMCA did not explain why 90
NHTSA–2015–0070; 80 FR 43663) is amendments to the Federal motor additional days, on top of the 60 days originally
November 5, 2015. vehicle safety standards (FMVSSs) provided, are needed to respond to the ANPRM.
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Document Created: 2015-12-15 08:50:59
Document Modified: 2015-12-15 08:50:59
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Written comments must be received on or before November 5, 2015. | |
| Contact | Irene Shandruk, (215) 814-2166, or by email at [email protected] | |
| FR Citation | 80 FR 60318 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Nitrogen Dioxide; Ozone and Volatile Organic Compounds |
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