81 FR 50336 - Approval and Promulgation of Air Quality Implementation Plans; Maryland; Control of Volatile Organic Compounds Emissions From Fiberglass Boat Manufacturing Materials
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 147 (August 1, 2016)
Federal Register Volume 81, Issue 147 (August 1, 2016)
| Page Range | 50336-50339 | |
| FR Document | 2016-17809 |
[Federal Register Volume 81, Number 147 (Monday, August 1, 2016)] [Rules and Regulations] [Pages 50336-50339] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-17809] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R03-OAR-2016-0304; FRL-9949-72-Region 3] Approval and Promulgation of Air Quality Implementation Plans; Maryland; Control of Volatile Organic Compounds Emissions From Fiberglass Boat Manufacturing Materials AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is taking direct final action to approve a state implementation plan (SIP) revision submitted by the State of Maryland. This revision pertains to Maryland's adoption of the requirements in EPA's control technique guidelines (CTG) for fiberglass boat manufacturing materials. This action is being taken under the Clean Air Act (CAA). DATES: This rule is effective on September 30, 2016 without further notice, unless EPA receives adverse written comment by August 31, 2016. 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 No. EPA-R03- OAR-2016-0304 at http://www.regulations.gov, or via email to [email protected]. For comments submitted at Regulations.gov, follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. For either manner of submission, the EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be confidential business information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. EPA will generally not consider comments or comment contents located outside of the primary submission (i.e. on the web, cloud, or other file sharing system). For additional submission methods, please contact the person identified in the FOR FURTHER INFORMATION CONTACT section. For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Gavin Huang, (215) 814-2042, 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. Additionally, Maryland is in the Ozone Transport Region (OTR) established under section 184(a) of the CAA. Pursuant to section 184(b)(1)(B) of the CAA, all areas in the OTR must submit SIP revisions that include implementation of RACT with respect to all sources of VOCs in the states covered by a CTG. See CAA section 184(b)(1). 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 intended to provide state and local air pollution control authorities information that should assist them in determining RACT for VOCs from various sources of fiberglass boat manufacturing. EPA has not published a previous CTG for fiberglass boat manufacturing materials, but did publish an assessment of VOC emissions from fiberglass boat manufacturing in 1990. The 1990 assessment defined the nature and scope of VOC emissions from fiberglass boat manufacturing, characterized the industry, estimated per plant and national VOC emissions, and identified and evaluated potential control options. In 2001, EPA promulgated the National Emission Standards for Hazardous Air Pollutants for Boat Manufacturing, 40 CFR part 63, subpart VVVV (2001 NESHAP). The 2001 NESHAP established organic hazardous air pollutant (HAP) emissions limits based on low-HAP resins and gel coats and low- emitting resin application technology. Several of the air pollution control districts in California have specific regulations that control VOC emissions from fiberglass boat manufacturing operations as part of their regulations for limiting VOC emissions from polyester resin operations. Several other states also have regulations that address VOC emissions from fiberglass boat manufacturing as part of polyester resin operations. After reviewing the 1990 VOC assessment, the 2001 NESHAP, and existing California district and other state VOC emission reduction approaches, and after considering information obtained since the issuance of the 2001 NESHAP, EPA developed a CTG entitled Control Techniques Guidelines for Fiberglass Boat Manufacturing Materials (Publication No. EPA 453/R-08-004; September 2008). The CTG for fiberglass boat manufacturing materials provides control recommendations for reducing VOC emissions from the use of gel coats, resins, and materials used to clean application equipment in fiberglass boat manufacturing operations. This CTG applies to facilities that manufacture hulls or decks of boats from fiberglass or build molds to make fiberglass boat hulls or decks. EPA's 2008 CTG recommends that the following operations should be covered: Open molding resin and gel coat operations (these include pigmented gel coat, clear gel coat, production resin, tooling gel coat, and tooling resin); resin and gel coat mixing operations; and resin and gel coat application equipment cleaning operations. EPA's 2008 CTG recommends the following VOC reduction measures: [[Page 50337]] VOC emission limits for molding resins and gel coats; work practices for resin and gel coat mixing containers; and VOC content and vapor pressure limits for cleaning materials. Recommended VOC emission limits for open molding resin and gel coat operations are shown in Table 1. Table 1--Monomer VOC Content Limitations for Open Molding Resin and Gel Coat Operations ------------------------------------------------------------------------ Individual monomer VOC Application content or weight average Materials method monomer VOC content limit (weight percent) ------------------------------------------------------------------------ Production Resin............ Atomized 28 (spray). Production Resin............ Nonatomized.... 35 Pigmented Gel Coat.......... Any Method..... 33 Clear Gel Coat.............. Any Method..... 48 Tooling Resin............... Atomized....... 30 Tooling Resin............... Nonatomized.... 39 Tooling Gel Coat............ Any Method..... 40 ------------------------------------------------------------------------ II. Summary of SIP Revision On December 23, 2015, the Maryland Department of the Environment (MDE) submitted on behalf of the State of Maryland to EPA SIP revision #15-07 concerning implementation of RACT requirements for the control of VOC emissions from fiberglass boat manufacturing materials. Maryland has adopted EPA's CTG standards for fiberglass boat manufacturing materials, including the emission limits found in Table 1 of this rulemaking action, through a regulation, found at Code of Maryland Regulations (COMAR) 26.11.19 (relating to VOC from specific processes). This SIP revision seeks to add COMAR 26.11.19.26-1 (control of VOC emissions from fiberglass boat manufacturing materials) to the Maryland SIP and also includes an amendment to COMAR 26.11.19.26 (control of VOC emissions from reinforced plastic manufacturing) which was previously approved into the Maryland SIP. In addition to adopting EPA's CTG standards, COMAR 26.11.19.26-1 includes numerous terms and definitions to support the interpretation of the measures, as well as work practices for cleaning, compliance and monitoring requirements, sampling and testing, and record keeping requirements. The amendment to COMAR 26.11.19.26 at COMAR 26.11.19.26A exempts fiberglass boat manufacturing to avoid duplicative or conflicting requirements. Prior to Maryland's new COMAR 26.11.19.26-1, fiberglass boat manufacturing materials were covered under COMAR 26.11.19.26 which did not address fully EPA's CTG requirements. Thus, with COMAR 26.11.19.26-1 now addressing fiberglass boat manufacturing materials, Maryland has revised COMAR 26.11.19.26A to clarify and exempt fiberglass boat manufacturing materials from COMAR 26.11.19.26A as these are now clearly addressed in COMAR 26.11.19.26-1. EPA finds the provisions in COMAR 26.11.19.26-1 identical to the CTG standards for fiberglass boat manufacturing materials and therefore approvable in accordance with sections 172(c)(1) and 184(b)(1)(B) of the CAA. III. Final Action EPA is approving the Maryland SIP revision adding new regulation COMAR 26.11.19.26-1 and amending COMAR 26.11.19.26, which was submitted on December 23, 2015, because it meets the requirement to adopt RACT for sources covered by EPA's CTG standards for fiberglass boat manufacturing materials. EPA is publishing this rule without prior proposal because EPA views this as a noncontroversial amendment and anticipates no adverse comment. However, in the ``Proposed Rules'' section of this 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 September 30, 2016 without further notice unless EPA receives adverse comment by August 31, 2016. 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. Please note that if EPA receives adverse comment on an amendment, paragraph, or section of this rule and if that provision may be severed from the remainder of the rule, EPA may adopt as final those provisions of the rule that are not the subject of an adverse comment. IV. Incorporation by Reference In this rulemaking action, the EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, EPA is finalizing the incorporation by reference of COMAR 26.11.19.26-1 and an amendment to COMAR 26.11.19.26 into the Maryland SIP. EPA has made, and will continue to make, these documents generally available electronically through www.regulations.gov and/or may be viewed at the appropriate EPA office (see the ADDRESSES section of this preamble for more information). V. 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 Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); 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 [[Page 50338]] 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 September 30, 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. Parties with objections to this 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 this 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 action. This action to approve the Maryland SIP revision adding new regulation COMAR 26.11.19.26-1 and amending COMAR 26.11.19.26 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, Carbon monoxide, Incorporation by reference, Ozone, Volatile organic compounds. Dated: July 15, 2016. 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 0 2. In Sec. 52.1070, the table in paragraph (c) is amended by revising the entry for ``26.11.19.26'' and adding in numerical order the entry for ``26.11.19.26-1'' to read as follows: Sec. 52.1070 Identification of plan. * * * * * (c) * * * EPA-Approved Regulations, Technical Memoranda, and Statutes in the Maryland SIP ---------------------------------------------------------------------------------------------------------------- Code of Maryland State Administrative Regulations Title/subject effective EPA approval Additional explanation/ (COMAR) citation date date citation at 40 CFR 52.1100 ---------------------------------------------------------------------------------------------------------------- * * * * * * * ---------------------------------------------------------------------------------------------------------------- 26.11.19 Volatile Organic Compounds From Specific Processes ---------------------------------------------------------------------------------------------------------------- * * * * * * * 26.11.19.26.................. Control of Volatile 09/28/15 8/1/16 [Insert Amendment to .26A. Organic Compound Federal Emissions from Register Reinforced Plastic citation]. Manufacturing. 26.11.19.26-1................ Control of Volatile 09/28/15 8/1/16 [Insert New Regulation. Organic Compound Federal Emissions from Register Fiberglass Boat citation]. Manufacturing. * * * * * * * ---------------------------------------------------------------------------------------------------------------- [[Page 50339]] * * * * * [FR Doc. 2016-17809 Filed 7-29-16; 8:45 am] BILLING CODE 6560-50-P
![50336 Federal Register / Vol. 81, No. 147 / Monday, August 1, 2016 / Rules and Regulations
((CF3)2CFCF2OCH3); 1-ethoxy- direct final rule in the Federal Register authorities information that should
1,1,2,2,3,3,4,4,4-nonafluorobutane and inform the public that the rule will assist them in determining RACT for
(C4F9OC2H5 or HFE-7200); 2- not take effect. VOCs from various sources of fiberglass
(ethoxydifluoromethyl)-1,1,1,2,3,3,3- ADDRESSES: Submit your comments, boat manufacturing. EPA has not
heptafluoropropane identified by Docket ID No. EPA–R03– published a previous CTG for fiberglass
((CF3)2CFCF2OC2H5); methyl acetate; OAR–2016–0304 at http:// boat manufacturing materials, but did
1,1,1,2,2,3,3-heptafluoro-3-methoxy- www.regulations.gov, or via email to publish an assessment of VOC
propane (n-C3F7OCH3, HFE-7000); 3- fernandez.cristina@epa.gov. For emissions from fiberglass boat
ethoxy-1,1,1,2,3,4,4,5,5,6,6,6- comments submitted at Regulations.gov, manufacturing in 1990. The 1990
dodecafluoro-2-(trifluoromethyl) hexane follow the online instructions for assessment defined the nature and
(HFE-7500); 1,1,1,2,3,3,3- submitting comments. Once submitted, scope of VOC emissions from fiberglass
heptafluoropropane (HFC 227ea); comments cannot be edited or removed boat manufacturing, characterized the
methyl formate (HCOOCH3); from Regulations.gov. For either manner industry, estimated per plant and
1,1,1,2,2,3,4,5,5,5-decafluoro-3- of submission, the EPA may publish any national VOC emissions, and identified
methoxy-4-trifluoromethyl-pentane comment received to its public docket. and evaluated potential control options.
(HFE-7300); propylene carbonate; Do not submit electronically any In 2001, EPA promulgated the National
dimethyl carbonate; trans-1,3,3,3- information you consider to be Emission Standards for Hazardous Air
tetrafluoropropene; HCF2OCF2H (HFE- confidential business information (CBI) Pollutants for Boat Manufacturing, 40
134); HCF2OCF2OCF2H (HFE-236cal2); or other information whose disclosure is CFR part 63, subpart VVVV (2001
HCF2OCF2CF2OCF2H (HFE-338pcc13); restricted by statute. Multimedia NESHAP). The 2001 NESHAP
HCF2OCF2OCF2CF2OCF2H (H-Galden submissions (audio, video, etc.) must be established organic hazardous air
1040x or H-Galden ZT 130 (or 150 or accompanied by a written comment. pollutant (HAP) emissions limits based
180)); trans 1-chloro-3,3,3-trifluoroprop- The written comment is considered the on low-HAP resins and gel coats and
1-ene; 2,3,3,3-tetrafluoropropene; 2- official comment and should include low-emitting resin application
amino-2-methyl-1-propanol; t-butyl discussion of all points you wish to technology. Several of the air pollution
acetate; 1,1,2,2- Tetrafluoro -1-(2,2,2- make. EPA will generally not consider control districts in California have
trifluoroethoxy) ethane; and comments or comment contents located specific regulations that control VOC
perfluorocarbon compounds which fall outside of the primary submission (i.e. emissions from fiberglass boat
into these classes: on the web, cloud, or other file sharing manufacturing operations as part of
* * * * * system). For additional submission their regulations for limiting VOC
[FR Doc. 2016–17789 Filed 7–29–16; 8:45 am] methods, please contact the person emissions from polyester resin
BILLING CODE 6560–50–P identified in the FOR FURTHER operations. Several other states also
have regulations that address VOC
INFORMATION CONTACT section. For the
emissions from fiberglass boat
full EPA public comment policy,
ENVIRONMENTAL PROTECTION manufacturing as part of polyester resin
information about CBI or multimedia
AGENCY operations. After reviewing the 1990
submissions, and general guidance on
VOC assessment, the 2001 NESHAP,
making effective comments, please visit
40 CFR Part 52 and existing California district and other
http://www2.epa.gov/dockets/
state VOC emission reduction
[EPA–R03–OAR–2016–0304; FRL–9949–72– commenting-epa-dockets.
Region 3]
approaches, and after considering
FOR FURTHER INFORMATION CONTACT: information obtained since the issuance
Gavin Huang, (215) 814–2042, or by of the 2001 NESHAP, EPA developed a
Approval and Promulgation of Air
email at huang.gavin@epa.gov. CTG entitled Control Techniques
Quality Implementation Plans;
SUPPLEMENTARY INFORMATION: Guidelines for Fiberglass Boat
Maryland; Control of Volatile Organic
Compounds Emissions From I. Background Manufacturing Materials (Publication
Fiberglass Boat Manufacturing No. EPA 453/R–08–004; September
Section 172(c)(1) of the CAA provides 2008).
Materials
that SIPs for nonattainment areas must The CTG for fiberglass boat
AGENCY: Environmental Protection include reasonably available control manufacturing materials provides
Agency (EPA). measures (RACM), including reasonably control recommendations for reducing
ACTION: Direct final rule. available control technology (RACT), for VOC emissions from the use of gel coats,
sources of emissions. Additionally, resins, and materials used to clean
SUMMARY: The Environmental Protection Maryland is in the Ozone Transport application equipment in fiberglass boat
Agency (EPA) is taking direct final Region (OTR) established under section manufacturing operations. This CTG
action to approve a state 184(a) of the CAA. Pursuant to section applies to facilities that manufacture
implementation plan (SIP) revision 184(b)(1)(B) of the CAA, all areas in the hulls or decks of boats from fiberglass or
submitted by the State of Maryland. OTR must submit SIP revisions that build molds to make fiberglass boat
This revision pertains to Maryland’s include implementation of RACT with hulls or decks. EPA’s 2008 CTG
adoption of the requirements in EPA’s respect to all sources of VOCs in the recommends that the following
control technique guidelines (CTG) for states covered by a CTG. See CAA operations should be covered: Open
fiberglass boat manufacturing materials. section 184(b)(1). EPA defines RACT as molding resin and gel coat operations
This action is being taken under the ‘‘the lowest emission limitation that a (these include pigmented gel coat, clear
sradovich on DSK3GMQ082PROD with RULES
Clean Air Act (CAA). particular source is capable of meeting gel coat, production resin, tooling gel
DATES: This rule is effective on by the application of control technology coat, and tooling resin); resin and gel
September 30, 2016 without further that is reasonably available considering coat mixing operations; and resin and
notice, unless EPA receives adverse technological and economic feasibility.’’ gel coat application equipment cleaning
written comment by August 31, 2016. If 44 FR 53761 (September 17, 1979). operations.
EPA receives such comments, it will CTGs are intended to provide state EPA’s 2008 CTG recommends the
publish a timely withdrawal of the and local air pollution control following VOC reduction measures:
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![50338 Federal Register / Vol. 81, No. 147 / Monday, August 1, 2016 / Rules and Regulations
under the Regulatory Flexibility Act (5 B. Submission to Congress and the than file an immediate petition for
U.S.C. 601 et seq.); Comptroller General judicial review of this direct final rule,
• does not contain any unfunded The Congressional Review Act, 5 so that EPA can withdraw this direct
mandate or significantly or uniquely U.S.C. 801 et seq., as added by the Small final rule and address the comment in
affect small governments, as described Business Regulatory Enforcement the proposed rulemaking action.
in the Unfunded Mandates Reform Act Fairness Act of 1996, generally provides This action to approve the Maryland
of 1995 (Pub. L. 104–4); that before a rule may take effect, the SIP revision adding new regulation
agency promulgating the rule must COMAR 26.11.19.26–1 and amending
• does not have federalism COMAR 26.11.19.26 may not be
submit a rule report, which includes a
implications as specified in Executive challenged later in proceedings to
copy of the rule, to each House of the
Order 13132 (64 FR 43255, August 10, Congress and to the Comptroller General enforce its requirements. (See section
1999); of the United States. EPA will submit a 307(b)(2).)
• is not an economically significant report containing this action and other List of Subjects in 40 CFR Part 52
regulatory action based on health or required information to the U.S. Senate,
safety risks subject to Executive Order the U.S. House of Representatives, and Environmental protection, Air
13045 (62 FR 19885, April 23, 1997); the Comptroller General of the United pollution control, Carbon monoxide,
• is not a significant regulatory action States prior to publication of the rule in Incorporation by reference, Ozone,
subject to Executive Order 13211 (66 FR the Federal Register. A major rule Volatile organic compounds.
28355, May 22, 2001); cannot take effect until 60 days after it Dated: July 15, 2016.
is published in the Federal Register. Shawn M. Garvin,
• is not subject to requirements of This action is not a ‘‘major rule’’ as
Section 12(d) of the National Regional Administrator, Region III.
defined by 5 U.S.C. 804(2).
Technology Transfer and Advancement 40 CFR part 52 is amended as follows:
Act of 1995 (15 U.S.C. 272 note) because C. Petitions for Judicial Review
application of those requirements would Under section 307(b)(1) of the CAA, PART 52—APPROVAL AND
be inconsistent with the CAA; and petitions for judicial review of this PROMULGATION OF
• does not provide EPA with the action must be filed in the United States IMPLEMENTATION PLANS
discretionary authority to address, as Court of Appeals for the appropriate
appropriate, disproportionate human circuit by September 30, 2016. Filing a ■ 1. The authority citation for part 52
petition for reconsideration by the continues to read as follows:
health or environmental effects, using
Administrator of this final rule does not Authority: 42 U.S.C. 7401 et seq.
practicable and legally permissible
affect the finality of this action for the
methods, under Executive Order 12898
purposes of judicial review nor does it Subpart V—Maryland
(59 FR 7629, February 16, 1994). extend the time within which a petition
In addition, this rule does not have for judicial review may be filed, and ■ 2. In § 52.1070, the table in paragraph
tribal implications as specified by shall not postpone the effectiveness of (c) is amended by revising the entry for
Executive Order 13175 (65 FR 67249, such rule or action. Parties with ‘‘26.11.19.26’’ and adding in numerical
November 9, 2000), because the SIP is objections to this direct final rule are order the entry for ‘‘26.11.19.26–1’’ to
not approved to apply in Indian country encouraged to file a comment in read as follows:
located in the state, and EPA notes that response to the parallel notice of
it will not impose substantial direct proposed rulemaking for this action § 52.1070 Identification of plan.
costs on tribal governments or preempt published in the ‘‘Proposed Rules’’ * * * * *
tribal law. section of this Federal Register, rather (c) * * *
EPA-APPROVED REGULATIONS, TECHNICAL MEMORANDA, AND STATUTES IN THE MARYLAND SIP
Code of Maryland Additional
State
Administrative explanation/
Title/subject effective EPA approval date
Regulations citation at 40 CFR
date
(COMAR) citation 52.1100
* * * * * * *
26.11.19 Volatile Organic Compounds From Specific Processes
* * * * * * *
26.11.19.26 ..................... Control of Volatile Organic Compound Emissions 09/28/15 8/1/16 [Insert Federal Amendment to .26A.
from Reinforced Plastic Manufacturing. Register citation].
26.11.19.26–1 ................. Control of Volatile Organic Compound Emissions 09/28/15 8/1/16 [Insert Federal New Regulation.
from Fiberglass Boat Manufacturing. Register citation].
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* * * * * ADDRESSES: The EPA has established (iii) The word or initials BAAQMD or
[FR Doc. 2016–17809 Filed 7–29–16; 8:45 am] docket number EPA–R09–OAR–2015– District mean or refer to the Bay Area
BILLING CODE 6560–50–P 0280 for this action. Generally, Air Quality Management District.
documents in the docket for this action (iv) The initials CFR mean or refer to
are available electronically at http:// Code of Federal Regulations.
ENVIRONMENTAL PROTECTION www.regulations.gov or in hard copy at (v) The initials or words EPA, we, us
AGENCY EPA Region IX, 75 Hawthorne Street, or our mean or refer to the United States
San Francisco, California 94105–3901. Environmental Protection Agency.
40 CFR Part 52 While all documents in the docket are (vi) The initials ERCs mean or refer to
listed at http://www.regulations.gov, Emission Reduction Credits.
[EPA–R09–OAR–2015–0280; FRL–9947–70– some information may be publicly (vii) The initials FLM mean or refer to
Region 9] available only at the hard copy location Federal Land Manager.
(e.g., copyrighted material, large maps,
Revisions to California State (viii) The initials FR mean or refer to
multi-volume reports), and some may
Implementation Plan; Bay Area Air Federal Register.
not be available in either location (e.g.,
Quality Management District; confidential business information (ix) The initials NSR mean or refer to
Stationary Source Permits (CBI)). To inspect the hard copy New Source Review.
materials, please schedule an (x) The initials PM2.5 mean or refer to
AGENCY: Environmental Protection particulate matter with an aerodynamic
appointment during normal business
Agency (EPA). diameter of less than or equal to 2.5
hours with the contact listed in the FOR
ACTION: Final rule. FURTHER INFORMATION CONTACT section. micrometers (fine particulate matter).
FOR FURTHER INFORMATION CONTACT: (xi) The initials PSD mean or refer to
SUMMARY: The Environmental Protection Shaheerah Kelly, EPA Region 9, (415) Prevention of Significant Deterioration.
Agency (EPA) is finalizing a limited 947–4156, kelly.shaheerah@epa.gov. (xii) The initials PTE mean or refer to
approval and limited disapproval of potential to emit.
SUPPLEMENTARY INFORMATION:
revisions to Regulation 2, Rules 1 and 2 (xiii) The initials SIP mean or refer to
Throughout this document, the terms
for the Bay Area Air Quality State Implementation Plan.
‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to the EPA.
Management District (BAAQMD or (xiv) The initials SO2 mean or refer to
District) portion of the California State Table of Contents sulfur dioxide.
Implementation Plan (SIP) submitted on I. Proposed Action (xv) The initials TSD mean or refer to
April 22, 2013. These revisions consist II. Summary of Public Comments and EPA the technical support document for the
of significant updates to rules governing Responses proposed action.
the issuance of permits for stationary III. EPA Action
sources, including review and IV. Incorporation by Reference I. Proposed Action
permitting of major sources and major V. Statutory and Executive Order Review
On August 28, 2015, the EPA
modifications under parts C and D of Definitions proposed a limited approval and limited
title I of the Clean Air Act (CAA). Under disapproval of the rules listed in Table
For the purpose of this document, we
the authority of the CAA, this action 1 that were submitted for incorporation
are giving meaning to certain words or
simultaneously approves a local rule into the California SIP. 80 FR 52236
initials as follows:
that regulates permit requirements for (i) The word or initials Act or CAA (Aug. 28, 2015). Our detailed analysis of
stationary sources and directs the mean or refer to the Clean Air Act, these rules is provided in the TSD and
BAAQMD to correct rule deficiencies. unless the context indicates otherwise. Federal Register notice for the proposed
DATES: These rules will be effective on (ii) The initials ATC mean or refer to rulemaking for this SIP revision
August 31, 2016. the authority to construct permit. approval action.
TABLE 1—SUBMITTED NSR RULES
Adopted/
Regulation & rule No. Rule title Submitted
amended
Regulation 2, Rule 1 (2–1) ........................................... Permits, General Requirements ................................... 12/19/12 4/22/13
Regulation 2, Rule 2 (2–2) ........................................... Permits, New Source Review ....................................... 12/19/12 4/22/13
We proposed a limited approval definitions and provisions in District the nonattainment NSR provisions.
because we determined that these rules rules that are not SIP approved. (See our Section 2–1–234, subparagraph 2.1,
strengthen the SIP and are largely evaluation of Sections 2–1–239 and 2– does not satisfy the requirements of
consistent with the relevant CAA 1–424 in section 6.1.2 of the TSD.) 51.165(a)(2) and 51.165(a)(6) & (7),
requirements. We simultaneously 2. Section 2–1–234, subparagraph 2.2, which require nonattainment NSR
proposed a limited disapproval because is deficient because it does not satisfy programs to contain specific
some rule provisions conflict with CAA the PSD provisions at 40 CFR applicability procedures and
section 110, including Parts C and D, 51.166(a)(7) and 51.166(r)(6) & (7), recordkeeping provisions. (See our
sradovich on DSK3GMQ082PROD with RULES
and the regulations implementing those which require PSD programs to contain evaluation of Section 2–1–234 in
laws. The disapproved provisions specific applicability procedures and sections 6.1.2 and 7.3.12 of the TSD.)
include the following: recordkeeping provisions. (See our 4. The definition of the term ‘‘PSD
1. The definitions of ‘‘agricultural evaluation of Section 2–1–234 in pollutant’’ as defined in Section 2–2–
source’’ in Section 2–1–239 and ‘‘large sections 6.1.2 and 7.2.2 of the TSD.) 223, which is used in place of the
confined animal facility’’ used in 3. The same deficiency discussed federal definition for the term
Section 2–1–424 rely on other above for the PSD provisions applies to ‘‘regulated NSR pollutant,’’ is deficient
VerDate Sep<11>2014 17:30 Jul 29, 2016 Jkt 238001 PO 00000 Frm 00057 Fmt 4700 Sfmt 4700 E:\FR\FM\01AUR1.SGM 01AUR1](https://thefederalregister.org/doc/81_FR_50483/page/4.svg)
Document Created: 2016-07-30 06:25:58
Document Modified: 2016-07-30 06:25:58
| 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 | Direct final rule. | |
| Dates | This rule is effective on September 30, 2016 without further notice, unless EPA receives adverse written comment by August 31, 2016. 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. | |
| Contact | Gavin Huang, (215) 814-2042, or by email at [email protected] | |
| FR Citation | 81 FR 50336 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Ozone and Volatile Organic Compounds |
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