81_FR_94506 81 FR 94259 - Approval and Promulgation of Air Quality Implementation Plans; Maryland; Control of Volatile Organic Compounds Emissions From Fiberglass Boat Manufacturing Materials

81 FR 94259 - 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 247 (December 23, 2016)

Page Range94259-94262
FR Document2016-30880

The Environmental Protection Agency (EPA) is approving 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. EPA is approving this Maryland SIP submittal as it is in accordance with the requirements of the Clean Air Act (CAA).

Federal Register, Volume 81 Issue 247 (Friday, December 23, 2016)
[Federal Register Volume 81, Number 247 (Friday, December 23, 2016)]
[Rules and Regulations]
[Pages 94259-94262]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-30880]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2016-0304; FRL-9957-20-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: 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 Maryland's adoption of the requirements in 
EPA's control technique guidelines (CTG) for fiberglass boat 
manufacturing materials. EPA is approving this Maryland SIP submittal 
as it is in accordance with the requirements of the Clean Air Act 
(CAA).

DATES: This final rule is effective on January 23, 2017.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2016-0304. All documents in the docket are listed on 
the http://www.regulations.gov Web site. Although listed in the index, 
some information is not publicly available, e.g., 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 
http://www.regulations.gov, or please contact

[[Page 94260]]

the person identified in the FOR FURTHER INFORMATION CONTACT section 
for additional availability information.

FOR FURTHER INFORMATION CONTACT: Gavin Huang, (215) 814-2042, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    On August 1, 2016 (81 FR 50427 and 81 FR 50336), EPA simultaneously 
published a notice of proposed rulemaking (NPR) and a direct final rule 
(DFR) for the State of Maryland. On September 16, 2016 (81 FR 63701), 
EPA withdrew the DFR due to the receipt of a comment on the proposed 
rulemaking. In the NPR, EPA proposed to include in the Maryland SIP a 
Maryland regulation which adopted the requirements in EPA's CTG for 
fiberglass boat manufacturing materials. The formal SIP revision (#15-
07) was submitted by Maryland on December 23, 2015.
    As described in the DFR published on August 1, 2016 (81 FR 50336), 
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 
volatile organic compounds (VOC) in the states covered by a CTG. See 
CAA section 184(b)(1).
    In September 2008, EPA developed a CTG entitled Control Techniques 
Guidelines for Fiberglass Boat Manufacturing Materials (Publication No. 
EPA 453/R-08-004). 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.

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 
adopted EPA's CTG standards for fiberglass boat manufacturing materials 
through a regulation found at Code of Maryland Regulations (COMAR) 
26.11.19 (relating to VOC from specific processes). This SIP revision 
adds 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 from 
provisions within COMAR 26.11.19.26 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. Public Comments and EPA's Responses

    EPA received a comment from the Export Inspection Council of India 
within the Ministry of Commerce and Industry, Government of India 
(hereinafter referred to as ``Commenter'') on the August 1, 2016 NPR.
    Comment: The Commenter sought clarification to determine if 
Maryland's adoption of EPA's CTG guidelines for fiberglass boat 
manufacturing materials applied to international manufacturing 
facilities that export fiberglass boats into the United States. 
Additionally, if the proposed guidelines are applicable to imported 
boats, the Commenter questioned how EPA will implement the guidelines 
and if they will add to the international import requirements of 
fiberglass boats into the United States.
    Response: EPA thanks the Commenter for its submission seeking 
clarification of the Maryland regulation on fiberglass boat 
manufacturing. COMAR 26.11.19.26-1 applies to fiberglass manufacturing 
facilities that manufacture hulls or decks of fiberglass boats, 
assemble fiberglass boats from premanufactured hulls and decks, or 
build molds to make hulls or decks of fiberglass boats. See COMAR 
26.11.19.26-1(B)(5). As such, the regulation applies only to 
manufacturing, assembling or building occurring within Maryland and 
does not apply to fiberglass boats imported into the State from other 
locations, including from locations overseas. In addition, under 
Annotated Code of Maryland Sec.  2-103(b), Maryland and the Maryland 
Department of the Environment specifically only have jurisdiction over 
emissions into the air in the State and over ambient air quality in the 
State of Maryland. Because Maryland's regulatory authority therefore 
does not extend to regulating activities outside the State, EPA is 
clarifying that COMAR 26.11.19.26-1 does not regulate nor apply to 
fiberglass boat manufacturing done outside the State of Maryland. 
Because the regulation does not apply to fiberglass boat manufacturing 
outside the State of Maryland, EPA need not respond to the Commenter's 
inquiry as to how COMAR 26.11.19.26-1 would be implemented for imported 
fiberglass boats. Finally, EPA clarifies that COMAR 26.11.19.26-1 does 
not add to import requirements for fiberglass boats being imported into 
Maryland.

IV. Final Action

    EPA is approving the December 23, 2015 Maryland SIP submittal, 
which revises the Maryland SIP by adding new regulation COMAR 
26.11.19.26-1 and amending COMAR 26.11.19.26, because the SIP submittal 
meets the requirement to adopt RACT for sources covered by EPA's CTG 
standards for fiberglass boat manufacturing materials and is in 
accordance with requirements in CAA sections 172, 182 and 184.

V. Incorporation by Reference

    In this rule, 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 addressing VOC 
content limits for fiberglass boat manufacturing into the Maryland SIP. 
Therefore, these materials have been approved by EPA for inclusion in 
the SIP, have been incorporated by reference by EPA into

[[Page 94261]]

that plan, are fully federally enforceable under sections 110 and 113 
of the CAA as of the effective date of the final rulemaking of EPA's 
approval, and will be incorporated by reference by the Director of the 
Federal Register in the next update to the SIP compilation.\1\ EPA has 
made, and will continue to make, these materials generally available 
through http://www.regulations.gov and/or at the EPA Region III Office 
(please contact the person identified in the For Further Information 
Contact section of this preamble for more information).
---------------------------------------------------------------------------

    \1\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------

VI. 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 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).

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 21, 2017. 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 approving 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: December 7, 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 
COMAR 26.11.19.26 and the entry for COMAR 26.11.19.26-1. The amended 
text reads as follows:


Sec.  52.1070   Identification of plan.

* * * * *
    (c) * * *

                 EPA-Approved Regulations, Technical Memoranda, and Statutes in the Maryland SIP
----------------------------------------------------------------------------------------------------------------
                                                                                                  Additional
       Code of  Maryland                                       State                             explanation/
  Administrative  Regulations         Title/subject       effective date   EPA approval date    citation at  40
        (COMAR) citation                                                                          CFR 52.1100
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                           26.11.19 Volatile Organic Compounds From Specific Processes
----------------------------------------------------------------------------------------------------------------
 

[[Page 94262]]

 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
26.11.19.26....................  Control of Volatile            09/28/15  12/23/16 [Insert    Amendment to .26A.
                                  Organic Compound                         Federal Register
                                  Emissions from                           citation].
                                  Reinforced Plastic
                                  Manufacturing.
----------------------------------------------------------------------------------------------------------------
26.11.19.26-1..................  Control of Volatile            09/28/15  12/23/16 [Insert    New Regulation.
                                  Organic Compound                         Federal Register
                                  Emissions from                           citation].
                                  Fiberglass Boat
                                  Manufacturing.
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2016-30880 Filed 12-22-16; 8:45 am]
 BILLING CODE 6560-50-P



                                                                 Federal Register / Vol. 81, No. 247 / Friday, December 23, 2016 / Rules and Regulations                                             94259

                                                (a)(5)(iv) of this section, the exportation             calibration, or repair services to ensure             Commodity Classification of EAR99
                                                or reexportation by a covered person (as                patient safety or effective operation, and            from BIS.
                                                defined in paragraph (e)(4) of this                     the conduct of related transactions, are              *     *    *    *     *
                                                section) to the Government of Iran, to                  hereby authorized, provided that such                 ■ 4. Amend § 560.532 by revising the
                                                any individual or entity in Iran, or to                 services do not substantively alter the               section heading to read as follows:
                                                persons in a third country purchasing                   functional capacities of the medical
                                                specifically for resale to any of the                   device as originally authorized for                   § 560.532 Payment for and financing of
                                                foregoing, of software necessary for the                export or reexport, and further provided              exports and reexports of agricultural
                                                installation and operation of medical                   that, unless otherwise authorized by                  commodities, medicine, and medical
                                                devices or replacement parts exported                   specific license, payment terms and                   devices, and certain related software and
                                                or reexported pursuant to this section,                                                                       services.
                                                                                                        financing for sales pursuant to this
                                                and the conduct of related transactions,                general license are limited to, and                   *        *   *     *      *
                                                are hereby authorized, provided that                    consistent with, those authorized by                  John E. Smith,
                                                such software is designated as EAR99,                   § 560.532.                                            Acting Director, Office of Foreign Assets
                                                or in the case of software that is not                     (iv) Excluded persons. Paragraphs                  Control.
                                                subject to the EAR, would be designated                 (a)(5)(i) through (iii) of this section do            [FR Doc. 2016–30968 Filed 12–22–16; 8:45 am]
                                                as EAR99 if it were located in the                      not authorize the exportation or                      BILLING CODE 4810–AL–P
                                                United States, and further provided that,               reexportation of software, software
                                                unless otherwise authorized by specific                 updates, or maintenance and repair
                                                license, payment terms and financing                    services for medical devices to military,
                                                for sales pursuant to this general license                                                                    ENVIRONMENTAL PROTECTION
                                                                                                        intelligence, or law enforcement
                                                are limited to, and consistent with,                                                                          AGENCY
                                                                                                        purchasers or importers.
                                                those authorized by § 560.532.                             (6)(i) General license for the
                                                   (ii) Software updates. Except as                                                                           40 CFR Part 52
                                                                                                        importation of certain U.S.-origin
                                                provided in paragraph (a)(5)(iv) of this                agricultural commodities, medicine,                   [EPA–R03–OAR–2016–0304; FRL–9957–20–
                                                section, the exportation or reexportation               and medical devices. Except as                        Region 3]
                                                by a covered person (as defined in                      provided in paragraph (a)(6)(ii) of this
                                                paragraph (e)(4) of this section) to the                                                                      Approval and Promulgation of Air
                                                                                                        section, the importation into the United
                                                Government of Iran, to any individual or                                                                      Quality Implementation Plans;
                                                                                                        States of U.S.-origin agricultural
                                                entity in Iran, or to persons in a third                                                                      Maryland; Control of Volatile Organic
                                                                                                        commodities, medicine, and medical
                                                country purchasing specifically for                                                                           Compounds Emissions From
                                                                                                        devices, including parts, components, or
                                                resale to any of the foregoing, of                                                                            Fiberglass Boat Manufacturing
                                                                                                        accessories thereof, that previously were
                                                software intended for and limited to the                                                                      Materials
                                                                                                        exported or reexported pursuant to the
                                                provision of safety and service updates                 authorizations in this section and that               AGENCY:  Environmental Protection
                                                and the correction of system or                         are broken, defective, or non-                        Agency (EPA).
                                                operational errors in medical devices,                  operational, or are connected to product              ACTION: Final rule.
                                                replacement parts, and associated                       recalls, adverse events, or other safety
                                                software that previously were exported,                 concerns, and the conduct of related                  SUMMARY:   The Environmental Protection
                                                reexported, or provided pursuant to this                transactions, are hereby authorized.                  Agency (EPA) is approving a state
                                                part, and the conduct of related                                                                              implementation plan (SIP) revision
                                                                                                           (ii) Excluded persons. Paragraph
                                                transactions, are hereby authorized,                                                                          submitted by the State of Maryland.
                                                                                                        (a)(6)(i) of this section does not
                                                provided that such software is                                                                                This revision pertains to Maryland’s
                                                                                                        authorize the importation into the
                                                designated as EAR99, or in the case of                                                                        adoption of the requirements in EPA’s
                                                                                                        United States of U.S.-origin agricultural
                                                software that is not subject to the EAR,                                                                      control technique guidelines (CTG) for
                                                                                                        commodities, medicine, and medical
                                                would be designated as EAR99 if it were                                                                       fiberglass boat manufacturing materials.
                                                                                                        devices that previously were exported
                                                located in the United States, and further                                                                     EPA is approving this Maryland SIP
                                                                                                        or reexported pursuant to the
                                                provided that, unless otherwise                                                                               submittal as it is in accordance with the
                                                                                                        authorizations in this section as broken,
                                                authorized by specific license, payment                                                                       requirements of the Clean Air Act
                                                                                                        defective, or non-operational, or in
                                                terms and financing for sales pursuant                                                                        (CAA).
                                                to this general license are limited to,                 connection with product recalls,
                                                and consistent with, those authorized by                adverse events, or other safety concerns,             DATES: This final rule is effective on
                                                § 560.532. Such software updates may                    from military, intelligence, or law                   January 23, 2017.
                                                be exported or reexported only to the                   enforcement purchasers or importers.                  ADDRESSES: EPA has established a
                                                same end user to whom the original                      *       *     *     *    *                            docket for this action under Docket ID
                                                software was exported or reexported.                       (c) * * *                                          Number EPA–R03–OAR–2016–0304. All
                                                   (iii) Maintenance and Repair Services.                  (5) For items subject to the EAR, an               documents in the docket are listed on
                                                Except as provided in paragraph                         Official Commodity Classification of                  the http://www.regulations.gov Web
                                                (a)(5)(iv) of this section, the exportation             EAR99 issued by the Department of                     site. Although listed in the index, some
                                                or reexportation by a covered person (as                Commerce’s Bureau of Industry and                     information is not publicly available,
                                                defined in paragraph (e)(4) of this                     Security (BIS), certifying that the                   e.g., confidential business information
                                                section) to the Government of Iran, to                  product is designated as EAR99, is                    (CBI) or other information whose
                                                any individual or entity in Iran, or to                 required to be submitted to OFAC with                 disclosure is restricted by statute.
jstallworth on DSK7TPTVN1PROD with RULES




                                                persons in a third country purchasing                   the request for a license authorizing the             Certain other material, such as
                                                specifically for resale to any of the                   exportation or reexportation of all                   copyrighted material, is not placed on
                                                foregoing, of services necessary to                     fertilizers, live horses, western red                 the Internet and will be publicly
                                                maintain and repair medical devices                     cedar, or the excluded medical devices                available only in hard copy form.
                                                that previously were exported or                        specified in paragraph (a)(3)(ii) of this             Publicly available docket materials are
                                                reexported pursuant to this section,                    section. See 15 CFR 748.3 for                         available through http://
                                                including inspection, testing,                          instructions for obtaining an Official                www.regulations.gov, or please contact


                                           VerDate Sep<11>2014   15:20 Dec 22, 2016   Jkt 241001   PO 00000   Frm 00045   Fmt 4700   Sfmt 4700   E:\FR\FM\23DER1.SGM   23DER1


                                                94260            Federal Register / Vol. 81, No. 247 / Friday, December 23, 2016 / Rules and Regulations

                                                the person identified in the FOR FURTHER                fiberglass boat manufacturing materials                  Response: EPA thanks the Commenter
                                                INFORMATION CONTACT section for                         through a regulation found at Code of                 for its submission seeking clarification
                                                additional availability information.                    Maryland Regulations (COMAR)                          of the Maryland regulation on fiberglass
                                                FOR FURTHER INFORMATION CONTACT:                        26.11.19 (relating to VOC from specific               boat manufacturing. COMAR
                                                Gavin Huang, (215) 814–2042, or by                      processes). This SIP revision adds                    26.11.19.26–1 applies to fiberglass
                                                email at huang.gavin@epa.gov.                           COMAR 26.11.19.26–1 (control of VOC                   manufacturing facilities that
                                                                                                        emissions from fiberglass boat                        manufacture hulls or decks of fiberglass
                                                SUPPLEMENTARY INFORMATION:
                                                                                                        manufacturing materials) to the                       boats, assemble fiberglass boats from
                                                I. Background                                           Maryland SIP and also includes an                     premanufactured hulls and decks, or
                                                   On August 1, 2016 (81 FR 50427 and                   amendment to COMAR 26.11.19.26                        build molds to make hulls or decks of
                                                81 FR 50336), EPA simultaneously                        (control of VOC emissions from                        fiberglass boats. See COMAR
                                                published a notice of proposed                          reinforced plastic manufacturing) which               26.11.19.26–1(B)(5). As such, the
                                                rulemaking (NPR) and a direct final rule                was previously approved into the                      regulation applies only to
                                                (DFR) for the State of Maryland. On                     Maryland SIP. In addition to adopting                 manufacturing, assembling or building
                                                                                                        EPA’s CTG standards, COMAR                            occurring within Maryland and does not
                                                September 16, 2016 (81 FR 63701), EPA
                                                                                                        26.11.19.26–1 includes numerous terms                 apply to fiberglass boats imported into
                                                withdrew the DFR due to the receipt of
                                                                                                        and definitions to support the                        the State from other locations, including
                                                a comment on the proposed rulemaking.
                                                                                                        interpretation of the measures, as well               from locations overseas. In addition,
                                                In the NPR, EPA proposed to include in
                                                                                                        as work practices for cleaning,                       under Annotated Code of Maryland § 2–
                                                the Maryland SIP a Maryland regulation
                                                                                                        compliance and monitoring                             103(b), Maryland and the Maryland
                                                which adopted the requirements in
                                                                                                        requirements, sampling and testing, and               Department of the Environment
                                                EPA’s CTG for fiberglass boat
                                                                                                        record keeping requirements. The                      specifically only have jurisdiction over
                                                manufacturing materials. The formal SIP
                                                                                                        amendment to COMAR 26.11.19.26 at                     emissions into the air in the State and
                                                revision (#15–07) was submitted by
                                                                                                        COMAR 26.11.19.26A exempts                            over ambient air quality in the State of
                                                Maryland on December 23, 2015.                                                                                Maryland. Because Maryland’s
                                                   As described in the DFR published on                 fiberglass boat manufacturing from
                                                                                                        provisions within COMAR 26.11.19.26                   regulatory authority therefore does not
                                                August 1, 2016 (81 FR 50336), section                                                                         extend to regulating activities outside
                                                172(c)(1) of the CAA provides that SIPs                 to avoid duplicative or conflicting
                                                                                                        requirements. Prior to Maryland’s new                 the State, EPA is clarifying that COMAR
                                                for nonattainment areas must include                                                                          26.11.19.26–1 does not regulate nor
                                                reasonably available control measures                   COMAR 26.11.19.26–1, fiberglass boat
                                                                                                        manufacturing materials were covered                  apply to fiberglass boat manufacturing
                                                (RACM), including reasonably available                                                                        done outside the State of Maryland.
                                                control technology (RACT), for sources                  under COMAR 26.11.19.26 which did
                                                                                                        not address fully EPA’s CTG                           Because the regulation does not apply to
                                                of emissions. Additionally, Maryland is                                                                       fiberglass boat manufacturing outside
                                                in the Ozone Transport Region (OTR)                     requirements. Thus, with COMAR
                                                                                                        26.11.19.26–1 now addressing fiberglass               the State of Maryland, EPA need not
                                                established under section 184(a) of the                                                                       respond to the Commenter’s inquiry as
                                                CAA. Pursuant to section 184(b)(1)(B) of                boat manufacturing materials, Maryland
                                                                                                        has revised COMAR 26.11.19.26A to                     to how COMAR 26.11.19.26–1 would be
                                                the CAA, all areas in the OTR must                                                                            implemented for imported fiberglass
                                                submit SIP revisions that include                       clarify and exempt fiberglass boat
                                                                                                        manufacturing materials from COMAR                    boats. Finally, EPA clarifies that
                                                implementation of RACT with respect to                                                                        COMAR 26.11.19.26–1 does not add to
                                                all sources of volatile organic                         26.11.19.26A as these are now clearly
                                                                                                        addressed in COMAR 26.11.19.26–1.                     import requirements for fiberglass boats
                                                compounds (VOC) in the states covered                                                                         being imported into Maryland.
                                                by a CTG. See CAA section 184(b)(1).                    EPA finds the provisions in COMAR
                                                   In September 2008, EPA developed a                   26.11.19.26–1 identical to the CTG                    IV. Final Action
                                                CTG entitled Control Techniques                         standards for fiberglass boat                           EPA is approving the December 23,
                                                Guidelines for Fiberglass Boat                          manufacturing materials and therefore                 2015 Maryland SIP submittal, which
                                                Manufacturing Materials (Publication                    approvable in accordance with sections                revises the Maryland SIP by adding new
                                                No. EPA 453/R–08–004). The CTG for                      172(c)(1) and 184(b)(1)(B) of the CAA.                regulation COMAR 26.11.19.26–1 and
                                                fiberglass boat manufacturing materials                 III. Public Comments and EPA’s                        amending COMAR 26.11.19.26, because
                                                provides control recommendations for                    Responses                                             the SIP submittal meets the requirement
                                                reducing VOC emissions from the use of                                                                        to adopt RACT for sources covered by
                                                gel coats, resins, and materials used to                   EPA received a comment from the                    EPA’s CTG standards for fiberglass boat
                                                clean application equipment in                          Export Inspection Council of India                    manufacturing materials and is in
                                                fiberglass boat manufacturing                           within the Ministry of Commerce and                   accordance with requirements in CAA
                                                operations. This CTG applies to                         Industry, Government of India                         sections 172, 182 and 184.
                                                facilities that manufacture hulls or                    (hereinafter referred to as ‘‘Commenter’’)
                                                decks of boats from fiberglass or build                 on the August 1, 2016 NPR.                            V. Incorporation by Reference
                                                molds to make fiberglass boat hulls or                     Comment: The Commenter sought                        In this rule, EPA is finalizing
                                                decks.                                                  clarification to determine if Maryland’s              regulatory text that includes
                                                                                                        adoption of EPA’s CTG guidelines for                  incorporation by reference. In
                                                II. Summary of SIP Revision                             fiberglass boat manufacturing materials               accordance with requirements of 1 CFR
                                                  On December 23, 2015, the Maryland                    applied to international manufacturing                51.5, EPA is finalizing the incorporation
                                                Department of the Environment (MDE)                     facilities that export fiberglass boats into          by reference of COMAR 26.11.19.26–1
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                                                submitted on behalf of the State of                     the United States. Additionally, if the               and an amendment to COMAR
                                                Maryland to EPA SIP revision #15–07                     proposed guidelines are applicable to                 26.11.19.26 addressing VOC content
                                                concerning implementation of RACT                       imported boats, the Commenter                         limits for fiberglass boat manufacturing
                                                requirements for the control of VOC                     questioned how EPA will implement                     into the Maryland SIP. Therefore, these
                                                emissions from fiberglass boat                          the guidelines and if they will add to                materials have been approved by EPA
                                                manufacturing materials. Maryland                       the international import requirements of              for inclusion in the SIP, have been
                                                adopted EPA’s CTG standards for                         fiberglass boats into the United States.              incorporated by reference by EPA into


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                                                                   Federal Register / Vol. 81, No. 247 / Friday, December 23, 2016 / Rules and Regulations                                                   94261

                                                that plan, are fully federally enforceable                affect small governments, as described                C. Petitions for Judicial Review
                                                under sections 110 and 113 of the CAA                     in the Unfunded Mandates Reform Act                      Under section 307(b)(1) of the CAA,
                                                as of the effective date of the final                     of 1995 (Pub. L. 104–4);                              petitions for judicial review of this
                                                rulemaking of EPA’s approval, and will                       • does not have federalism                         action must be filed in the United States
                                                be incorporated by reference by the                       implications as specified in Executive                Court of Appeals for the appropriate
                                                Director of the Federal Register in the                   Order 13132 (64 FR 43255, August 10,                  circuit by February 21, 2017. Filing a
                                                next update to the SIP compilation.1                      1999);                                                petition for reconsideration by the
                                                EPA has made, and will continue to                           • is not an economically significant               Administrator of this final rule does not
                                                make, these materials generally                           regulatory action based on health or                  affect the finality of this action for the
                                                available through http://                                 safety risks subject to Executive Order               purposes of judicial review nor does it
                                                www.regulations.gov and/or at the EPA                     13045 (62 FR 19885, April 23, 1997);                  extend the time within which a petition
                                                Region III Office (please contact the                        • is not a significant regulatory action           for judicial review may be filed, and
                                                person identified in the FOR FURTHER                      subject to Executive Order 13211 (66 FR               shall not postpone the effectiveness of
                                                INFORMATION CONTACT section of this                       28355, May 22, 2001);                                 such rule or action. This action
                                                preamble for more information).                              • is not subject to requirements of                approving the Maryland SIP revision
                                                VI. Statutory and Executive Order                         Section 12(d) of the National                         adding new regulation COMAR
                                                Reviews                                                   Technology Transfer and Advancement                   26.11.19.26–1 and amending COMAR
                                                                                                          Act of 1995 (15 U.S.C. 272 note) because              26.11.19.26 may not be challenged later
                                                A. General Requirements                                   application of those requirements would               in proceedings to enforce its
                                                  Under the CAA, the Administrator is                     be inconsistent with the CAA; and                     requirements. (See section 307(b)(2).)
                                                required to approve a SIP submission                         • does not provide EPA with the
                                                                                                                                                                List of Subjects in 40 CFR Part 52
                                                that complies with the provisions of the                  discretionary authority to address, as
                                                CAA and applicable federal regulations.                   appropriate, disproportionate human                     Environmental protection, Air
                                                42 U.S.C. 7410(k); 40 CFR 52.02(a).                       health or environmental effects, using                pollution control, Carbon monoxide,
                                                Thus, in reviewing SIP submissions,                       practicable and legally permissible                   Incorporation by reference, Ozone,
                                                EPA’s role is to approve state choices,                   methods, under Executive Order 12898                  Volatile organic compounds.
                                                provided that they meet the criteria of                   (59 FR 7629, February 16, 1994).                        Dated: December 7, 2016.
                                                the CAA. Accordingly, this action                                                                               Shawn M. Garvin,
                                                                                                          B. Submission to Congress and the
                                                merely approves state law as meeting                                                                            Regional Administrator, Region III.
                                                                                                          Comptroller General
                                                federal requirements and does not
                                                impose additional requirements beyond                        The Congressional Review Act, 5                         40 CFR part 52 is amended as follows:
                                                those imposed by state law. For that                      U.S.C. 801 et seq., as added by the Small
                                                                                                                                                                PART 52—APPROVAL AND
                                                reason, this action:                                      Business Regulatory Enforcement
                                                                                                                                                                PROMULGATION OF
                                                  • Is not a ‘‘significant regulatory                     Fairness Act of 1996, generally provides
                                                                                                                                                                IMPLEMENTATION PLANS
                                                action’’ subject to review by the Office                  that before a rule may take effect, the
                                                of Management and Budget under                            agency promulgating the rule must                     ■ 1. The authority citation for part 52
                                                Executive Orders 12866 (58 FR 51735,                      submit a rule report, which includes a                continues to read as follows:
                                                October 4, 1993) and 13563 (76 FR 3821,                   copy of the rule, to each House of the
                                                January 21, 2011);                                        Congress and to the Comptroller General                    Authority: 42 U.S.C. 7401 et seq.
                                                  • does not impose an information                        of the United States. EPA will submit a               Subpart V—Maryland
                                                collection burden under the provisions                    report containing this action and other
                                                of the Paperwork Reduction Act (44                        required information to the U.S. Senate,              ■ 2. In § 52.1070, the table in paragraph
                                                U.S.C. 3501 et seq.);                                     the U.S. House of Representatives, and                (c) is amended by revising COMAR
                                                  • is certified as not having a                          the Comptroller General of the United                 26.11.19.26 and the entry for COMAR
                                                significant economic impact on a                          States prior to publication of the rule in            26.11.19.26–1. The amended text reads
                                                substantial number of small entities                      the Federal Register. A major rule                    as follows:
                                                under the Regulatory Flexibility Act (5                   cannot take effect until 60 days after it
                                                U.S.C. 601 et seq.);                                      is published in the Federal Register.                 § 52.1070     Identification of plan.
                                                  • does not contain any unfunded                         This action is not a ‘‘major rule’’ as                *        *    *        *   *
                                                mandate or significantly or uniquely                      defined by 5 U.S.C. 804(2).                                (c) * * *

                                                                   EPA-APPROVED REGULATIONS, TECHNICAL MEMORANDA, AND STATUTES IN THE MARYLAND SIP
                                                         Code of                                                                                                                                     Additional
                                                         Maryland                                                                                                                                   explanation/
                                                                                                                                                   State effective
                                                      Administrative                                      Title/subject                                                   EPA approval date          citation at
                                                                                                                                                        date
                                                   Regulations (COMAR)                                                                                                                                40 CFR
                                                          citation                                                                                                                                    52.1100


                                                            *                       *                       *                      *                       *                       *                     *
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                                                                                             26.11.19    Volatile Organic Compounds From Specific Processes




                                                  1 62   FR 27968 (May 22, 1997).



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                                                94262               Federal Register / Vol. 81, No. 247 / Friday, December 23, 2016 / Rules and Regulations

                                                         EPA-APPROVED REGULATIONS, TECHNICAL MEMORANDA, AND STATUTES IN THE MARYLAND SIP—Continued
                                                          Code of                                                                                                                                   Additional
                                                          Maryland                                                                                                                                 explanation/
                                                                                                                                                      State effective
                                                       Administrative                                        Title/subject                                                  EPA approval date       citation at
                                                                                                                                                           date
                                                    Regulations (COMAR)                                                                                                                              40 CFR
                                                           citation                                                                                                                                  52.1100

                                                            *                          *                       *                      *                       *                      *                *

                                                26.11.19.26 .......................   Control of Volatile Organic Compound Emissions                        09/28/15    12/23/16 [Insert Federal   Amendment
                                                                                       from Reinforced Plastic Manufacturing.                                             Register citation].       to .26A.

                                                26.11.19.26–1 ...................     Control of Volatile Organic Compound Emissions                        09/28/15    12/23/16 [Insert Federal   New Regula-
                                                                                       from Fiberglass Boat Manufacturing.                                                Register citation].        tion.


                                                            *                          *                       *                      *                       *                      *                *



                                                *       *       *       *        *                           other than five-year reviews, have been               personal information provided, unless
                                                [FR Doc. 2016–30880 Filed 12–22–16; 8:45 am]                 completed. However, this partial                      the comment includes information
                                                BILLING CODE 6560–50–P                                       deletion does not preclude future                     claimed to be Confidential Business
                                                                                                             actions at the Administrative Parcel                  Information (CBI) or other information
                                                                                                             under Superfund.                                      whose disclosure is restricted by statute.
                                                ENVIRONMENTAL PROTECTION                                        This partial deletion pertains to soils            Do not submit information that you
                                                AGENCY                                                       and groundwater of the Administrative                 consider to be CBI or otherwise
                                                                                                             Parcel portion of the Site. The other                 protected through http://
                                                40 CFR Part 300                                              portions of the Site will remain on the               www.regulations.gov or email. The
                                                [EPA–HQ–SFUND–1989–0009; FRL–9957–                           NPL, and are not being considered for                 http://www.regulations.gov Web site is
                                                31-Region 3]                                                 deletion as part of this action.                      an ‘‘anonymous access’’ system, which
                                                                                                             DATES: This direct final partial deletion             means EPA will not know your identity
                                                National Oil and Hazardous                                   is effective February 21, 2017 unless                 or contact information unless you
                                                Substances Pollution Contingency                             EPA receives adverse comments by                      provide it in the body of your comment.
                                                Plan; National Priorities List: Partial                      January 23, 2017. If adverse comments                 If you send an email comment directly
                                                Deletion of the North Penn Area 6                            are received, EPA will publish a timely               to EPA without going through http://
                                                Superfund Site                                               withdrawal of the direct final partial                www.regulations.gov, your email
                                                AGENCY:   Environmental Protection                           deletion in the Federal Register                      address will be automatically captured
                                                Agency.                                                      informing the public that the partial                 and included as part of the comment
                                                ACTION: Direct final rule; notice of                         deletion will not take effect.                        that is placed in the public docket and
                                                partial deletion of the North Penn Area                      ADDRESSES: Submit your comments,                      made available on the Internet. If you
                                                6 Superfund Site from the National                           identified by Docket ID no. EPA–HQ–                   submit an electronic comment, EPA
                                                Priorities List.                                             SFUND–1989–0009, by one of the                        recommends that you include your
                                                                                                             following methods:                                    name and other contact information in
                                                SUMMARY:   The Environmental Protection                         • http://www.regulations.gov. Follow               the body of your comment and with any
                                                Agency (EPA) Region III is publishing a                      on-line instructions for submitting                   disk or CD–ROM you submit. If EPA
                                                direct final notice of partial deletion of                   comments.                                             cannot read your comment due to
                                                a portion of the North Penn Area 6                              • Email: ngo.huu@epa.gov.                          technical difficulties and cannot contact
                                                Superfund Site (Site) located in                                • Mail: U.S. Environmental                         you for clarification, EPA may not be
                                                Lansdale Borough, Montgomery County,                         Protection Agency, Region III, Attn: Huu              able to consider your comment.
                                                Pennsylvania, from the National                              Ngo (3HS21), 1650 Arch Street,                        Electronic files should avoid the use of
                                                Priorities List (NPL). The deletion                          Philadelphia, PA 19103–2029                           special characters, any form of
                                                affects approximately 6.5 acres located                         • Hand Delivery: U.S. Environmental                encryption, and be free of any defects or
                                                at 135 East Hancock Street (the                              Protection Agency, Region III, Attn: Huu              viruses.
                                                ‘‘Administrative Parcel’’). The NPL,                         Ngo (3HS21), 1650 Arch Street,                           Docket: All documents in the docket
                                                promulgated pursuant to section 105 of                       Philadelphia, PA 19103–2029, Phone:                   are listed in the http://
                                                the Comprehensive Environmental                              215–814–3187, Business Hours: Mon.                    www.regulations.gov index. Although
                                                Response, Compensation, and Liability                        through Fri.—8:00 a.m. to 4:30 p.m.                   listed in the index, some information is
                                                Act (CERCLA) of 1980, as amended, is                         Such deliveries are only accepted                     not publicly available, e.g., CBI or other
                                                found at Appendix B of the National Oil                      during the Docket’s normal hours of                   information whose disclosure is
                                                and Hazardous Substances Pollution                           operation, and special arrangements                   restricted by statute. Certain other
                                                Contingency Plan (NCP). This direct                          should be made for deliveries of boxed                material, such as copyrighted material,
                                                final partial deletion is being published                    information.                                          will be publicly available only in hard
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                                                by EPA with the concurrence of the                              Instructions: Direct your comments to              copy. Publicly available docket
                                                Commonwealth of Pennsylvania,                                Docket ID no. EPA–HQ–SFUND–1989–                      materials are available either
                                                through the Pennsylvania Department of                       0009. EPA’s policy is that all comments               electronically in http://
                                                Environmental Protection (PADEP),                            received will be included in the public               www.regulations.gov or in hard copy at:
                                                because EPA has determined that all                          docket without change and may be                         • U.S. EPA Region III, Superfund
                                                appropriate response actions at the                          made available online at http://                      Records Center, 6th Floor, 1650 Arch
                                                Administrative Parcel under CERCLA,                          www.regulations.gov, including any                    Street, Philadelphia, PA 19103–2029;


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Document Created: 2016-12-23 12:29:55
Document Modified: 2016-12-23 12:29:55
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis final rule is effective on January 23, 2017.
ContactGavin Huang, (215) 814-2042, or by email at [email protected]
FR Citation81 FR 94259 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Ozone and Volatile Organic Compounds

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