80 FR 76861 - 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 238 (December 11, 2015)

Page Range		76861-76863
FR Document		2015-31203

The Environmental Protection Agency (EPA) is approving 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). EPA is approving this revision in accordance with the requirements of the Clean Air Act (CAA).

Federal Register, Volume 80 Issue 238 (Friday, December 11, 2015)

[Federal Register Volume 80, Number 238 (Friday, December 11, 2015)]
[Rules and Regulations]
[Pages 76861-76863]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-31203]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2015-0530; FRL-9939-99-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: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is approving 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). 
EPA is approving this revision in accordance with the requirements of 
the Clean Air Act (CAA).

DATES: This final rule is effective on January 11, 2016.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2015-0530. 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 through 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 [email protected].

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 VOCs 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 
VOCs, 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

    On July 15, 2015, EPA received from the Maryland Department of the 
Environment (MDE) a SIP revision (#15-03), dated June 25, 2015, 
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;

[[Page 76862]]

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. On October 6, 2015 (80 FR 
60318), EPA published a notice of proposed rulemaking (NPR) for the 
State of Maryland proposing approval of the negative declaration for 
the Automobile and Light-Duty Truck Assembly Coatings CTG. No public 
comments were received on the NPR.

III. Final Action

    EPA is approving the Maryland SIP revision concerning the negative 
declaration for the Automobile and Light-Duty Truck Assembly Coatings 
CTG, which was submitted on June 25, 2015, as a revision to the 
Maryland SIP in accordance with sections 172 (c), 182 (b), and 183 (e) 
of the CAA.

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 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 February 9, 2016. 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 concerning Maryland's negative declaration for the 
Automobile and Light-Duty Truck Assembly Coatings CTG 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, Nitrogen dioxide, Ozone, Volatile organic compounds.

    Dated: November 25, 2015.
Shawn M. Garvin,
Regional Administrator, Region III.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

Subpart V--Maryland

    In Sec.  52.1070, the table in paragraph (e) is amended by adding 
the entry, ``Negative Declaration for the Automobile and Light-Duty 
Truck Assembly Coatings CTG,'' at the end of the table to read as 
follows:


Sec.  52.1070  Identification of plan.

* * * * *
    (e)* * *

[[Page 76863]]



----------------------------------------------------------------------------------------------------------------
  Name of non-regulatory  SIP       Applicable          State                                    Additional
           revision              geographic area   submittal  date    EPA Approval date         explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Negative Declaration for the    Statewide........         6/25/15   12/11/15 [Insert
 Automobile and Light-Duty                                           Federal Register
 Truck Assembly Coatings CTG.                                        citation].
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2015-31203 Filed 12-10-15; 8:45 am]
 BILLING CODE 6560-50-P

Federal Register / Vol. 80, No. 238 / Friday, December 11, 2015 / Rules and Regulations 76861

daily for two three-day periods, ENVIRONMENTAL PROTECTION sources of emissions. Section
occurring January 13 through 15, and AGENCY 182(b)(2)(A) provides that for certain
daily January 20 through 22, 2016. At all ozone nonattainment areas, states must
other times, the bridge will operate in 40 CFR Part 52 revise their SIP to include RACT for
accordance with 33 CFR 117.440(b). [EPA–R03–OAR–2015–0530; FRL–9939–99– sources of volatile organic compound
Region 3] (VOC) emissions covered by a CTG
The Burlington Northern Santa Fe
document issued after November 15,
Railroad requested a temporary 1990 and prior to the area’s date of
Approval and Promulgation of Air
deviation for the operation of the attainment. EPA defines RACT as ‘‘the
Quality Implementation Plans;
drawbridge to accommodate Maryland; Maryland’s Negative lowest emission limitation that a
rehabilitation work involving rest pivot Declaration for the Automobile and particular source is capable of meeting
piers and swing span change out, an Light-Duty Truck Assembly Coatings by the application of control technology
extensive but necessary maintenance Control Techniques Guidelines that is reasonably available considering
operation. Navigation on the waterway technological and economic feasibility.’’
consists of tugs with tows, fishing AGENCY: Environmental Protection 44 FR 53761 (September 17, 1979).
vessels and recreational crafts. Agency (EPA). CTGs are documents issued by EPA
The Coast Guard has coordinated the ACTION: Final rule. intended to provide state and local air
closure with waterway users, industry, pollution control authorities
SUMMARY: The Environmental Protection information to assist them in
and other Coast Guard units and Agency (EPA) is approving a State determining RACT for VOCs from
determined that this closure will not Implementation Plan (SIP) revision various sources. Section 183(e)(3)(c)
have a significant effect on vessel traffic. submitted by the State of Maryland. provides that EPA may issue a CTG in
During this deviation for bridge This revision pertains to a negative lieu of a national regulation as RACT for
rehabilitation, vessels will not be declaration for the Automobile and a product category where EPA
allowed to pass through the bridge Light-Duty Truck Assembly Coatings determines that the CTG will be
during the eight-hour closures each day Control Techniques Guidelines (CTG). substantially as effective as regulations
as stated above. Many of the vessels that EPA is approving this revision in in reducing emissions of VOCs, which
currently require an opening of the draw accordance with the requirements of the contribute to ozone levels, in ozone
will be able to pass using the opposite Clean Air Act (CAA). nonattainment areas. The
channel from 3 p.m. to 7 a.m. when the DATES: This final rule is effective on recommendations in the CTG are based
deviations are not in effect. The bridge January 11, 2016. upon available data and information
will not be able to open for emergencies ADDRESSES: EPA has established a and may not apply to a particular
and there is no immediate alternate docket for this action under Docket ID situation based upon the circumstances.
Number EPA–R03–OAR–2015–0530. All In 1977, EPA published a CTG for
route for vessels to pass. The Coast automobile and light-duty truck
Guard will also inform the users of the documents in the docket are listed in
the www.regulations.gov Web site. assembly coatings. After reviewing the
waterways through our Local and
Broadcast Notices to Mariners of the Although listed in the electronic docket, 1977 CTG for this industry, conducting
some information is not publicly a review of currently existing state and
change in operating schedule for the local VOC emission reduction
bridge so that vessels can arrange their available, i.e., confidential business
information (CBI) or other information approaches for this industry, and taking
transits to minimize any impact caused
whose disclosure is restricted by statute. into account any information that has
by the temporary deviation. become available since then, EPA
Certain other material, such as
In accordance with 33 CFR 117.35(e), copyrighted material, is not placed on developed a new CTG entitled Control
the drawbridge must return to its regular the Internet and will be publicly Techniques Guidelines for Automobile
operating schedule immediately at the available only in hard copy form. and Light-duty Assembly Coatings
end of the effective period of this Publicly available docket materials are (Publication No. EPA 453/R–08–006;
temporary deviation. This deviation available through www.regulations.gov September 2008).
States can follow the CTG and adopt
from the operating regulations is or may be viewed during normal
state regulations to implement the
authorized under 33 CFR 117.35. business hours at the Air Protection
recommendations contained therein.
Dated: December 7, 2015. Division, U.S. Environmental Protection
Alternatively, states can adopt a
Agency, Region III, 1650 Arch Street,
David M. Frank, negative declaration documenting that
Philadelphia, Pennsylvania 19103.
Bridge Administrator, Eighth Coast Guard there are no sources or emitting
Copies of the State submittal are
District. facilities within the state to which the
available at the Maryland Department of
[FR Doc. 2015–31297 Filed 12–10–15; 8:45 am] CTG is applicable. The negative
the Environment, 1800 Washington
declaration must go through the same
BILLING CODE 9110–04–P Boulevard, Suite 705, Baltimore,
public review process as any other SIP
Maryland 21230.
submittal.
FOR FURTHER INFORMATION CONTACT:
Irene Shandruk, (215) 814–2166, or by II. Summary of SIP Revision
email at shandruk.irene@epa.gov. On July 15, 2015, EPA received from
SUPPLEMENTARY INFORMATION: the Maryland Department of the
Environment (MDE) a SIP revision
tkelley on DSK9F6TC42PROD with RULES

I. Background (#15–03), dated June 25, 2015,
Section 172(c)(1) of the CAA provides concerning a negative declaration for
that SIPs for nonattainment areas must the Automobile and Light-Duty Truck
include reasonably available control Assembly Coatings CTG. MDE stated
measures (RACM), including reasonably that the state previously had one source
available control technology (RACT), for to which this CTG was applicable;

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Federal Register / Vol. 80, No. 238 / Friday, December 11, 2015 / Rules and Regulations 76863

Name of State
non-regulatory Applicable geographic area submittal EPA Approval date Additional explanation
SIP revision date

* * * * * * *
Negative Declara- Statewide ........................... 6/25/15 12/11/15 [Insert Federal Register
tion for the Auto- citation].
mobile and Light-
Duty Truck As-
sembly Coatings
CTG.

[FR Doc. 2015–31203 Filed 12–10–15; 8:45 am] Illinois 60604. Such deliveries are only Certain other material, such as
BILLING CODE 6560–50–P accepted during the Regional Office copyrighted material, will be publicly
normal hours of operation, and special available only in hard copy. Publicly
arrangements should be made for available docket materials are available
ENVIRONMENTAL PROTECTION deliveries of boxed information. The either electronically in
AGENCY Regional Office official hours of www.regulations.gov or in hard copy at
business are Monday through Friday, the Environmental Protection Agency,
40 CFR Part 52 8:30 a.m. to 4:30 p.m., excluding Region 5, Air and Radiation Division, 77
[EPA–R05–OAR–2015–0563; FRL–9939–80– Federal holidays. West Jackson Boulevard, Chicago,
Region 5] Instructions: Direct your comments to Illinois 60604. This facility is open from
Docket ID No. EPA–R05–OAR–2015– 8:30 a.m. to 4:30 p.m., Monday through
Air Plan Approval; Minnesota; 0563. EPA’s policy is that all comments Friday, excluding Federal holidays. We
Transportation Conformity Procedures received will be included in the public recommend that you telephone Michael
AGENCY: Environmental Protection docket without change and may be Leslie, Environmental Engineer, at (312)
Agency (EPA). made available online at 353–6680 before visiting the Region 5
www.regulations.gov, including any office.
ACTION: Direct final rule.
personal information provided, unless FOR FURTHER INFORMATION CONTACT:
SUMMARY: The Environmental Protection the comment includes information Michael Leslie, Environmental
Agency (EPA) is approving a State claimed to be Confidential Business Engineer, Control Strategies Section, Air
Implementation Plan (SIP) revision for Information (CBI) or other information Programs Branch (AR 18J),
carbon monoxide (CO), submitted by the whose disclosure is restricted by statute. Environmental Protection Agency,
State of Minnesota on July 16, 2015. The Do not submit information that you Region 5, 77 West Jackson Boulevard,
purpose of this revision is to establish consider to be CBI or otherwise Chicago, Illinois 60604, (312) 353–6680,
transportation conformity criteria and protected through www.regulations.gov leslie.michael@epa.gov.
procedures related to interagency or email. The www.regulations.gov Web SUPPLEMENTARY INFORMATION:
consultation, and enforceability of site is an ‘‘anonymous access’’ system, Throughout this document whenever
certain transportation related control which means EPA will not know your ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
and mitigation measures. identity or contact information unless EPA. This SUPPLEMENTARY INFORMATION
DATES: This direct final rule will be you provide it in the body of your section is arranged as follows:
effective February 9, 2016, unless EPA comment. If you send an email
comment directly to EPA without going I. What is the background for this action?
receives adverse comments by January II. What is EPA’s analysis of Minnesota’s SIP
11, 2016. If adverse comments are through www.regulations.gov your email
revision?
received, EPA will publish a timely address will be automatically captured III. What action is EPA taking?
withdrawal of the direct final rule in the and included as part of the comment IV. Statutory and Executive Order Reviews
Federal Register informing the public that is placed in the public docket and
made available on the Internet. If you I. What is the background for this
that the rule will not take effect.
submit an electronic comment, EPA action?
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05– recommends that you include your Transportation conformity is required
OAR–2015–0563, by one of the name and other contact information in under section 176(c) of the Clean Air
following methods: the body of your comment and with any Act (Act) to ensure that transportation
1. www.regulations.gov: Follow the on disk or CD–ROM you submit. If EPA planning activities are consistent with
line instructions for submitting cannot read your comment due to (‘‘conform to’’) air quality planning
comments. technical difficulties and cannot contact goals in nonattainment/maintenance
2. Email: blakley.pamela@epa.gov. you for clarification, EPA may not be areas. The transportation conformity
3. Fax: (312) 692–2450. able to consider your comment. regulation is found in 40 CFR 93 and
4. Mail: Pamela Blakley, Chief, Electronic files should avoid the use of provisions related to transportation
Control Strategies Section, Air Programs special characters, any form of conformity SIPs are found in 40 CFR
Branch (AR 18J), U.S. Environmental encryption, and be free of any defects or 51.390. Transportation conformity
Protection Agency, 77 West Jackson viruses. applies to areas that are designated
tkelley on DSK9F6TC42PROD with RULES

Boulevard, Chicago, Illinois 60604. Docket: All documents in the docket nonattainment or maintenance for the
5. Hand Delivery: Pamela Blakley, are listed in the www.regulations.gov following transportation related criteria
Chief, Control Strategies Section, Air index. Although listed in the index, pollutants: Ozone, particulate matter,
Programs Branch (AR 18J), U.S. some information is not publicly CO, and nitrogen dioxide. The
Environmental Protection Agency, 77 available, e.g., CBI or other information Minneapolis-St. Paul area is currently
West Jackson Boulevard, Chicago, whose disclosure is restricted by statute. maintenance for CO.

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Document Created: 2018-03-02 09:13:21
Document Modified: 2018-03-02 09:13:21

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		Rules and Regulations
Action		Final rule.
Dates		This final rule is effective on January 11, 2016.
Contact		Irene Shandruk, (215) 814-2166, or by email at [email protected]
FR Citation		80 FR 76861
CFR Associated		Environmental Protection; Air Pollution Control; Incorporation by Reference; Nitrogen Dioxide; Ozone and Volatile Organic Compounds