82_FR_21399 82 FR 21312 - Approval and Promulgation of Air Quality Implementation Plans; Maryland; New Regulations for Architectural and Industrial Maintenance Coatings

82 FR 21312 - Approval and Promulgation of Air Quality Implementation Plans; Maryland; New Regulations for Architectural and Industrial Maintenance Coatings

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 87 (May 8, 2017)

Page Range21312-21314
FR Document2017-09184

The Environmental Protection Agency (EPA) is approving a state implementation plan (SIP) revision submitted by the State of Maryland. This revision pertains to a provision establishing new volatile organic compound (VOC) content limits and standards for architectural and industrial maintenance (AIM) coatings available for sale and use in Maryland. This action is being taken under the Clean Air Act (CAA).

Federal Register, Volume 82 Issue 87 (Monday, May 8, 2017)
[Federal Register Volume 82, Number 87 (Monday, May 8, 2017)]
[Rules and Regulations]
[Pages 21312-21314]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-09184]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2016-0454; FRL-9961-25-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; New Regulations for Architectural and Industrial Maintenance 
Coatings

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving a state 
implementation plan (SIP) revision submitted by the State of Maryland. 
This revision pertains to a provision establishing new volatile organic 
compound (VOC) content limits and standards for architectural and 
industrial maintenance (AIM) coatings available for sale and use in 
Maryland. This action is being taken under the Clean Air Act (CAA).

DATES: This final rule is effective on June 7, 2017.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2016-0454. 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 the person identified in 
the FOR FURTHER INFORMATION CONTACT section for additional availability 
information.

FOR FURTHER INFORMATION CONTACT: Irene Shandruk, (215) 814-2166, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    In 2001, the Ozone Transport Commission (OTC), in collaboration 
with the Ozone Transport Region (OTR) states, developed several 
emission reduction measures, including a VOC model rule for AIM 
coatings (known as the Phase I AIM model rule), which addressed VOC 
reductions in the OTR. In 2004, consistent with the OTC Phase I AIM 
model rule, Maryland adopted COMAR 26.11.33--Architectural Coatings, 
which established VOC content limits, recordkeeping and labeling 
requirements, and standard practices for use and application of 
coatings used in architectural and industrial maintenance.
    The Phase I AIM model rule was replaced with an amended OTC model 
rule in 2011 (known as the Phase II AIM model rule). The Phase II AIM 
model rule was developed for states that needed additional VOC emission 
reductions in order to meet the ozone national ambient air quality 
standards (NAAQS). Consistent with the Phase II AIM model rule, 
Maryland developed and adopted COMAR 26.11.39--Architectural and 
Industrial Maintenance Coatings, which is an updated version of COMAR 
26.11.33.
    On June 27, 2016, the Maryland Department of the Environment (MDE) 
submitted to EPA a SIP revision (16-09) containing new AIM regulations 
.01 through .08 under COMAR 26.11.39--Architectural and Industrial 
Maintenance Coatings to be included in the Maryland SIP and requesting 
removal of COMAR 26.11.33 from the SIP, as COMAR 26.11.39 supercedes 
COMAR 26.11.33. On November 28, 2016 (81 FR 85455), EPA published a 
notice of proposed rulemaking (NPR) proposing approval of Maryland's 
new AIM regulations.

II. Summary of SIP Revision

    The new AIM regulations apply to any person who manufactures, 
blends, thins, supplies, sells, offers for sale, repackages for sale, 
or applies architectural and industrial maintenance coatings in 
Maryland. Maryland's new AIM regulations establish more stringent VOC 
content limits (Table 1) and standards for AIM coating categories than 
in COMAR 26.11.33, as well as establish container labeling 
requirements, reporting requirements, and compliance procedures. The 
requirements of COMAR 26.11.39 supersede those of COMAR 26.11.33. Other 
specific requirements and the rationale for EPA's proposed action are 
explained in the NPR and technical support document for this rulemaking 
and will not be restated here. No public comments were received on the 
NPR.

Table 1--VOC Content Limits Under COMAR 26.11.39 for Various AIM Coating
                               Categories
------------------------------------------------------------------------
                                                          Maryland's new
                                                            VOC content
    Architectural and industrial maintenance coatings     limits (grams/
                        category                           liter) under
                                                          COMAR 26.11.39
------------------------------------------------------------------------
Flat coatings...........................................              50
Non-flat coatings.......................................             100
Non-flat--high gloss coatings...........................             150
------------------------------------------------------------------------
                           Specialty Coatings
------------------------------------------------------------------------
Aluminum roof coatings..................................             450
Basement specialty coatings.............................             400
Bituminous roof coatings................................             270
Bituminous roof primers.................................             350
Bond breakers...........................................             350
Calcimine recoater......................................             475
Concrete curing compounds...............................             350
Concrete/masonry sealers................................             100
Concrete surface retarders..............................             780
Conjugated oil varnish..................................             450
Conversion varnish......................................             725
Driveway sealers........................................              50
Dry fog coatings........................................             150
Faux finishing coatings.................................             350
Fire-resistive coatings.................................             350
Floor coatings..........................................             100
Form-release coatings...................................             250
Graphic arts coatings (Sign paints).....................             500
High-temperature coatings...............................             420
Impacted immersion coatings.............................             780
Industrial maintenance coatings.........................             250
Low-solids coatings.....................................             120
Magnesite cement coatings...............................             450
Mastic texture coatings.................................             100
Metallic pigmented coatings.............................             500
Multi-color coatings....................................             250
Nuclear coatings........................................             450
Pre-treatment wash primers..............................             420
Primers, sealers, and undercoaters......................             100
Reactive penetrating sealers............................             350
Reactive penetrating carbonate stone sealers............             500
Recycled coatings.......................................             250
Roof coatings...........................................             250
Rust preventative coatings..............................             250
------------------------------------------------------------------------
                                Shellacs
------------------------------------------------------------------------
Clear...................................................             730
Opaque..................................................             550
Specialty primers, sealers, and undercoaters............             100
Stains..................................................             250
Stone consolidant.......................................             450
Swimming pool coatings..................................             340
Thermoplastic rubber coatings and mastic................             550
Traffic marking coatings................................             100
Tub and tile refinish coatings..........................             420
Waterproofing membranes.................................             250
Wood coatings...........................................             275
Wood preservatives......................................             350
Zinc-rich primers.......................................             340
------------------------------------------------------------------------


[[Page 21313]]

III. Final Action

    EPA is approving Maryland's June 27, 2016 SIP submittal with new 
regulations for AIM coatings under COMAR 26.11.39, and adding these 
regulations to the Maryland SIP. With this approval, EPA is also 
removing COMAR 26.11.33 from the Maryland SIP. COMAR 26.11.39 
establishes VOC content limits and requirements for certain AIM coating 
categories which are more stringent than limits previously found in 
COMAR 26.11.33. Therefore, EPA believes these new regulations in the 
SIP strengthen the Maryland SIP and should lead to additional VOC 
reductions, which will reduce ozone formation and assist Maryland with 
attaining and maintaining the ozone NAAQS.

IV. 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 Maryland's 
new regulations for AIM coatings in COMAR 26.11.39. Therefore, these 
materials have been approved by EPA for inclusion in the SIP, have been 
incorporated by reference by EPA into 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).
---------------------------------------------------------------------------

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 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 July 7, 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 pertaining to Maryland's new regulations for AIM 
coatings under COMAR 26.11.39 may not be challenged later in 
proceedings to enforce its requirements. (See section 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Ozone, Reporting and recordkeeping requirements, Volatile 
organic compounds.

    Dated: March 5, 2017.
Cecil Rodrigues,
Acting 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:
0
a. Removing the heading ``26.11.33 Architectural Coatings'' and the 
entries ``26.11.33.01-26.11.33.14.''
0
b. Adding the heading ``26.11.39 Architectural and Industrial 
Maintenance (AIM) Coatings'' and the entries ``26.11.39.01-
26.11.39.08'' in numerical order.
    The additions read as follows:


Sec.  52.1070  Identification of plan.

* * * * *
    (c) * * *

[[Page 21314]]



                                    EPA--Approved Regulations, Technical Memoranda, and Statutes in the Maryland SIP
--------------------------------------------------------------------------------------------------------------------------------------------------------
 Code of Maryland administrative                                   State                                             Additional explanation/ citation at
   regulations (COMAR) citation          Title/subject        effective date            EPA approval date                      40 CFR 52.1100
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                            26.11.39 Architectural and Industrial Maintenance (AIM) Coatings
--------------------------------------------------------------------------------------------------------------------------------------------------------
26.11.39.01......................  Applicability and                 4/25/16  5/8/17, [insert Federal Register
                                    Exemptions.                                citation].
26.11.39.02......................  Test Methods-                     4/25/16  5/8/17, [insert Federal Register
                                    Incorporation by                           citation].
                                    Reference.
26.11.39.03......................  Definitions..............         4/25/16  5/8/17, [insert Federal Register
                                                                               citation].
26.11.39.04......................  General Requirements and          4/25/16  5/8/17, [insert Federal Register
                                    Standards.                                 citation].
26.11.39.05......................  VOC Content Limits.......         4/25/16  5/8/17, [insert Federal Register
                                                                               citation].
26.11.39.06......................  Container Labeling                4/25/16  5/8/17, [insert Federal Register
                                    Requirements.                              citation].
26.11.39.07......................  Reporting Requirements...         4/25/16  5/8/17, [insert Federal Register
                                                                               citation].
26.11.39.08......................  Compliance Procedures....         4/25/16  5/8/17, [insert Federal Register
                                                                               citation].
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2017-09184 Filed 5-5-17; 8:45 am]
BILLING CODE 6560-50-P



                                                  21312                Federal Register / Vol. 82, No. 87 / Monday, May 8, 2017 / Rules and Regulations

                                                  *      *     *       *      *            addressed VOC reductions in the OTR.                                      TABLE 1—VOC CONTENT LIMITS
                                                                                           In 2004, consistent with the OTC Phase
                                                  [FR Doc. 2017–09176 Filed 5–5–17; 8:45 am]                                                                        UNDER COMAR 26.11.39 FOR VAR-
                                                  BILLING CODE 6560–50–P                   I AIM model rule, Maryland adopted                                       IOUS AIM COATING CATEGORIES
                                                                                           COMAR 26.11.33—Architectural
                                                                                           Coatings, which established VOC                                                                                        Maryland’s
                                                  ENVIRONMENTAL PROTECTION                 content limits, recordkeeping and                                                                                      new VOC
                                                  AGENCY                                                                                                          Architectural and industrial                  content limits
                                                                                           labeling requirements, and standard                                      maintenance coatings                         (grams/liter)
                                                                                           practices for use and application of                                            category
                                                  40 CFR Part 52                                                                                                                                               under COMAR
                                                                                           coatings used in architectural and                                                                                      26.11.39
                                                  [EPA–R03–OAR–2016–0454; FRL–9961–25– industrial maintenance.
                                                  Region 3]                                                                                                     Flat coatings .........................                    50
                                                                                              The Phase I AIM model rule was                                    Non-flat coatings ...................                     100
                                                  Approval and Promulgation of Air         replaced with an amended OTC model                                   Non-flat—high gloss coatings                              150
                                                  Quality Implementation Plans;            rule in 2011 (known as the Phase II AIM
                                                  Maryland; New Regulations for            model rule). The Phase II AIM model                                                     Specialty Coatings
                                                  Architectural and Industrial             rule was developed for states that
                                                  Maintenance Coatings                                                                                          Aluminum roof coatings ........                           450
                                                                                           needed additional VOC emission
                                                                                                                                                                Basement specialty coatings                               400
                                                  AGENCY: Environmental Protection         reductions in order to meet the ozone                                Bituminous roof coatings ......                           270
                                                  Agency (EPA).                            national ambient air quality standards                               Bituminous roof primers .......                           350
                                                  ACTION: Final rule.                      (NAAQS). Consistent with the Phase II                                Bond breakers ......................                      350
                                                                                           AIM model rule, Maryland developed                                   Calcimine recoater ................                       475
                                                  SUMMARY: The Environmental Protection and adopted COMAR 26.11.39—                                             Concrete curing compounds                                 350
                                                  Agency (EPA) is approving a state        Architectural and Industrial                                         Concrete/masonry sealers ....                             100
                                                  implementation plan (SIP) revision       Maintenance Coatings, which is an                                    Concrete surface retarders ...                            780
                                                  submitted by the State of Maryland.      updated version of COMAR 26.11.33.                                   Conjugated oil varnish ..........                         450
                                                  This revision pertains to a provision                                                                         Conversion varnish ...............                        725
                                                  establishing new volatile organic           On June 27, 2016, the Maryland                                    Driveway sealers ..................                        50
                                                  compound (VOC) content limits and        Department   of the Environment (MDE)                                Dry fog coatings ...................                      150
                                                  standards for architectural and          submitted to EPA a SIP revision (16–09)                              Faux finishing coatings .........                         350
                                                  industrial maintenance (AIM) coatings    containing new AIM regulations .01                                   Fire-resistive coatings ...........                       350
                                                  available for sale and use in Maryland.  through .08 under COMAR 26.11.39—                                    Floor coatings .......................                    100
                                                                                           Architectural and Industrial                                         Form-release coatings ..........                          250
                                                  This action is being taken under the
                                                                                           Maintenance Coatings to be included in                               Graphic arts coatings (Sign
                                                  Clean Air Act (CAA).                                                                                             paints) ...............................                500
                                                  DATES: This final rule is effective on   the Maryland SIP and requesting                                      High-temperature coatings ...                             420
                                                  June 7, 2017.                            removal of COMAR 26.11.33 from the                                   Impacted immersion coatings                               780
                                                  ADDRESSES: EPA has established a         SIP, as COMAR 26.11.39 supercedes                                    Industrial maintenance coat-
                                                  docket for this action under Docket ID   COMAR 26.11.33. On November 28,                                         ings ....................................              250
                                                  Number EPA–R03–OAR–2016–0454. All 2016 (81 FR 85455), EPA published a                                         Low-solids coatings ..............                        120
                                                  documents in the docket are listed on    notice of proposed rulemaking (NPR)                                  Magnesite cement coatings ..                              450
                                                  the http://www.regulations.gov Web       proposing approval of Maryland’s new                                 Mastic texture coatings .........                         100
                                                  site. Although listed in the index, some AIM regulations.                                                     Metallic pigmented coatings                               500
                                                                                                                                                                Multi-color coatings ...............                      250
                                                  information is not publicly available,
                                                                                           II. Summary of SIP Revision                                          Nuclear coatings ...................                      450
                                                  e.g., confidential business information                                                                       Pre-treatment wash primers                                420
                                                  (CBI) or other information whose            The new AIM regulations apply to                                  Primers, sealers, and
                                                  disclosure is restricted by statute.     any person who manufactures, blends,                                    undercoaters .....................                     100
                                                  Certain other material, such as          thins, supplies, sells, offers for sale,                             Reactive penetrating sealers                              350
                                                  copyrighted material, is not placed on   repackages for sale, or applies                                      Reactive penetrating car-
                                                  the internet and will be publicly        architectural and industrial                                            bonate stone sealers ........                          500
                                                  available only in hard copy form.        maintenance coatings in Maryland.                                    Recycled coatings ................                        250
                                                  Publicly available docket materials are                                                                       Roof coatings ........................                    250
                                                                                           Maryland’s new AIM regulations                                       Rust preventative coatings ...                            250
                                                  available through http://
                                                                                           establish more stringent VOC content
                                                  www.regulations.gov, or please contact
                                                  the person identified in the FOR FURTHER limits (Table 1) and standards for AIM                                                           Shellacs
                                                  INFORMATION CONTACT section for
                                                                                           coating categories than in COMAR
                                                                                           26.11.33, as well as establish container                             Clear .....................................               730
                                                  additional availability information.                                                                          Opaque .................................                  550
                                                  FOR FURTHER INFORMATION CONTACT:
                                                                                           labeling requirements, reporting
                                                                                                                                                                Specialty primers, sealers,
                                                  Irene Shandruk, (215) 814–2166, or by    requirements, and compliance
                                                                                                                                                                  and undercoaters ..............                         100
                                                  email at shandruk.irene@epa.gov.         procedures. The requirements of                                      Stains ....................................               250
                                                  SUPPLEMENTARY INFORMATION:
                                                                                           COMAR 26.11.39 supersede those of                                    Stone consolidant .................                       450
                                                                                           COMAR 26.11.33. Other specific                                       Swimming pool coatings .......                            340
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                  I. Background                            requirements and the rationale for EPA’s                             Thermoplastic rubber coat-
                                                     In 2001, the Ozone Transport          proposed action are explained in the                                   ings and mastic .................                       550
                                                  Commission (OTC), in collaboration       NPR and technical support document                                   Traffic marking coatings .......                          100
                                                  with the Ozone Transport Region (OTR) for this rulemaking and will not be                                     Tub and tile refinish coatings                            420
                                                                                                                                                                Waterproofing membranes ...                               250
                                                  states, developed several emission       restated here. No public comments were
                                                                                                                                                                Wood coatings ......................                      275
                                                  reduction measures, including a VOC      received on the NPR.                                                 Wood preservatives ..............                         350
                                                  model rule for AIM coatings (known as                                                                         Zinc-rich primers ...................                     340
                                                  the Phase I AIM model rule), which


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                                                                         Federal Register / Vol. 82, No. 87 / Monday, May 8, 2017 / Rules and Regulations                                                 21313

                                                  III. Final Action                                            • Is not a ‘‘significant regulatory                required information to the U.S. Senate,
                                                     EPA is approving Maryland’s June 27,                   action’’ subject to review by the Office              the U.S. House of Representatives, and
                                                  2016 SIP submittal with new regulations                   of Management and Budget under                        the Comptroller General of the United
                                                  for AIM coatings under COMAR                              Executive Orders 12866 (58 FR 51735,                  States prior to publication of the rule in
                                                  26.11.39, and adding these regulations                    October 4, 1993) and 13563 (76 FR 3821,               the Federal Register. A major rule
                                                  to the Maryland SIP. With this approval,                  January 21, 2011);                                    cannot take effect until 60 days after it
                                                  EPA is also removing COMAR 26.11.33                          • Does not impose an information                   is published in the Federal Register.
                                                  from the Maryland SIP. COMAR                              collection burden under the provisions                This action is not a ‘‘major rule’’ as
                                                  26.11.39 establishes VOC content limits                   of the Paperwork Reduction Act (44                    defined by 5 U.S.C. 804(2).
                                                  and requirements for certain AIM                          U.S.C. 3501 et seq.);
                                                                                                               • Is certified as not having a                     C. Petitions for Judicial Review
                                                  coating categories which are more
                                                                                                            significant economic impact on a                         Under section 307(b)(1) of the CAA,
                                                  stringent than limits previously found
                                                                                                            substantial number of small entities                  petitions for judicial review of this
                                                  in COMAR 26.11.33. Therefore, EPA
                                                                                                            under the Regulatory Flexibility Act (5               action must be filed in the United States
                                                  believes these new regulations in the
                                                                                                            U.S.C. 601 et seq.);                                  Court of Appeals for the appropriate
                                                  SIP strengthen the Maryland SIP and
                                                                                                               • Does not contain any unfunded                    circuit by July 7, 2017. Filing a petition
                                                  should lead to additional VOC
                                                                                                            mandate or significantly or uniquely                  for reconsideration by the Administrator
                                                  reductions, which will reduce ozone
                                                                                                            affect small governments, as described                of this final rule does not affect the
                                                  formation and assist Maryland with
                                                                                                            in the Unfunded Mandates Reform Act                   finality of this action for the purposes of
                                                  attaining and maintaining the ozone
                                                                                                            of 1995 (Pub. L. 104–4);                              judicial review nor does it extend the
                                                  NAAQS.                                                       • Does not have federalism                         time within which a petition for judicial
                                                  IV. Incorporation by Reference                            implications as specified in Executive                review may be filed, and shall not
                                                    In this rule, EPA is finalizing                         Order 13132 (64 FR 43255, August 10,                  postpone the effectiveness of such rule
                                                  regulatory text that includes                             1999);                                                or action. This action pertaining to
                                                                                                               • Is not an economically significant               Maryland’s new regulations for AIM
                                                  incorporation by reference. In
                                                                                                            regulatory action based on health or                  coatings under COMAR 26.11.39 may
                                                  accordance with requirements of 1 CFR
                                                                                                            safety risks subject to Executive Order               not be challenged later in proceedings to
                                                  51.5, EPA is finalizing the incorporation
                                                                                                            13045 (62 FR 19885, April 23, 1997);                  enforce its requirements. (See section
                                                  by reference of Maryland’s new
                                                                                                               • Is not a significant regulatory action           307(b)(2)).
                                                  regulations for AIM coatings in COMAR
                                                                                                            subject to Executive Order 13211 (66 FR
                                                  26.11.39. Therefore, these materials                                                                            List of Subjects in 40 CFR Part 52
                                                                                                            28355, May 22, 2001);
                                                  have been approved by EPA for                                • Is not subject to requirements of
                                                  inclusion in the SIP, have been                                                                                   Environmental protection, Air
                                                                                                            section 12(d) of the National                         pollution control, Incorporation by
                                                  incorporated by reference by EPA into                     Technology Transfer and Advancement
                                                  that plan, are fully federally enforceable                                                                      reference, Ozone, Reporting and
                                                                                                            Act of 1995 (15 U.S.C. 272 note) because              recordkeeping requirements, Volatile
                                                  under sections 110 and 113 of the CAA                     application of those requirements would
                                                  as of the effective date of the final                                                                           organic compounds.
                                                                                                            be inconsistent with the CAA; and
                                                  rulemaking of EPA’s approval, and will                       • Does not provide EPA with the                      Dated: March 5, 2017.
                                                  be incorporated by reference by the                       discretionary authority to address, as                Cecil Rodrigues,
                                                  Director of the Federal Register in the                   appropriate, disproportionate human                   Acting Regional Administrator, Region III.
                                                  next update to the SIP compilation.1                      health or environmental effects, using
                                                  EPA has made, and will continue to                                                                                  40 CFR part 52 is amended as follows:
                                                                                                            practicable and legally permissible
                                                  make, these materials generally                           methods, under Executive Order 12898                  PART 52—APPROVAL AND
                                                  available through http://                                 (59 FR 7629, February 16, 1994).                      PROMULGATION OF
                                                  www.regulations.gov and/or at the EPA
                                                                                                            In addition, this rule does not have                  IMPLEMENTATION PLANS
                                                  Region III Office (please contact the
                                                                                                            tribal implications as specified by
                                                  person identified in the FOR FURTHER                                                                            ■ 1. The authority citation for part 52
                                                                                                            Executive Order 13175 (65 FR 67249,
                                                  INFORMATION CONTACT section of this                                                                             continues to read as follows:
                                                                                                            November 9, 2000), because the SIP is
                                                  preamble for more information).
                                                                                                            not approved to apply in Indian country                   Authority: 42 U.S.C. 7401 et seq.
                                                  V. Statutory and Executive Order                          located in the state, and EPA notes that
                                                  Reviews                                                   it will not impose substantial direct                 Subpart V—Maryland
                                                                                                            costs on tribal governments or preempt
                                                  A. General Requirements                                                                                         ■  2. In § 52.1070, the table in paragraph
                                                                                                            tribal law.
                                                    Under the CAA, the Administrator is                                                                           (c) is amended by:
                                                  required to approve a SIP submission                      B. Submission to Congress and the                     ■ a. Removing the heading ‘‘26.11.33
                                                  that complies with the provisions of the                  Comptroller General                                   Architectural Coatings’’ and the entries
                                                  CAA and applicable federal regulations.                     The Congressional Review Act, 5                     ‘‘26.11.33.01–26.11.33.14.’’
                                                  42 U.S.C. 7410(k); 40 CFR 52.02(a).                       U.S.C. 801 et seq., as added by the Small             ■ b. Adding the heading ‘‘26.11.39
                                                  Thus, in reviewing SIP submissions,                       Business Regulatory Enforcement                       Architectural and Industrial
                                                  EPA’s role is to approve state choices,                   Fairness Act of 1996, generally provides              Maintenance (AIM) Coatings’’ and the
                                                  provided that they meet the criteria of                   that before a rule may take effect, the               entries ‘‘26.11.39.01–26.11.39.08’’ in
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                                                  the CAA. Accordingly, this action                         agency promulgating the rule must                     numerical order.
                                                  merely approves state law as meeting                      submit a rule report, which includes a                   The additions read as follows:
                                                  federal requirements and does not                         copy of the rule, to each House of the
                                                  impose additional requirements beyond                     Congress and to the Comptroller General               § 52.1070    Identification of plan.
                                                  those imposed by state law. For that                      of the United States. EPA will submit a               *       *    *      *     *
                                                  reason, this action:                                      report containing this action and other                   (c) * * *

                                                    1 62   FR 27968 (May 22, 1997).



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                                                  21314                  Federal Register / Vol. 82, No. 87 / Monday, May 8, 2017 / Rules and Regulations

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


                                                             *                          *                              *                              *                       *                      *                 *

                                                                                                  26.11.39        Architectural and Industrial Maintenance (AIM) Coatings

                                                  26.11.39.01 ................   Applicability and Exemptions ........................                         4/25/16    5/8/17, [insert Federal
                                                                                                                                                                            Register citation].
                                                  26.11.39.02 ................   Test Methods-Incorporation by Reference ...                                   4/25/16    5/8/17, [insert Federal
                                                                                                                                                                            Register citation].
                                                  26.11.39.03 ................   Definitions ......................................................            4/25/16    5/8/17, [insert Federal
                                                                                                                                                                            Register citation].
                                                  26.11.39.04 ................   General Requirements and Standards .........                                  4/25/16    5/8/17, [insert Federal
                                                                                                                                                                            Register citation].
                                                  26.11.39.05 ................   VOC Content Limits ......................................                     4/25/16    5/8/17, [insert Federal
                                                                                                                                                                            Register citation].
                                                  26.11.39.06 ................   Container Labeling Requirements ................                              4/25/16    5/8/17, [insert Federal
                                                                                                                                                                            Register citation].
                                                  26.11.39.07 ................   Reporting Requirements ...............................                        4/25/16    5/8/17, [insert Federal
                                                                                                                                                                            Register citation].
                                                  26.11.39.08 ................   Compliance Procedures ................................                        4/25/16    5/8/17, [insert Federal
                                                                                                                                                                            Register citation].

                                                             *                          *                              *                              *                       *                      *                 *



                                                  *      *       *       *       *                                  11, 2017. Therefore, NMFS is reopening                         by the Gulf of Mexico and South
                                                  [FR Doc. 2017–09184 Filed 5–5–17; 8:45 am]                        the western, northern, and southern                            Atlantic Fishery Management Councils
                                                  BILLING CODE 6560–50–P                                            (gillnet) zones of the Gulf EEZ because                        and is implemented by NMFS under the
                                                                                                                    there is available king mackerel                               authority of the Magnuson-Stevens
                                                                                                                    commercial quota to harvest in these                           Fishery Conservation and Management
                                                  DEPARTMENT OF COMMERCE                                            zones at 12:01 a.m., local time, on May                        Act (Magnuson-Stevens Act) by
                                                                                                                    11, 2017, through the end of the                               regulations at 50 CFR part 622.
                                                  National Oceanic and Atmospheric                                  respective 2016–2017 fishing year or                              Under 50 CFR 622.388(a)(1), NMFS is
                                                  Administration                                                    until the applicable commercial quotas                         required to close the king mackerel
                                                                                                                    are reached, whichever happens first.                          commercial sector for the applicable
                                                  50 CFR Part 622                                                   NMFS intends through this temporary                            zone or gear type for the remainder of
                                                  [Docket No. 160426363–7275–02]                                    rule to maximize harvest benefits for the                      the fishing year if landings reach, or are
                                                                                                                    king mackerel commercial sector in the                         projected to reach, the applicable
                                                  RIN 0648–XF351                                                    Gulf by allowing the commercial quotas                         commercial quotas by filing a
                                                  Coastal Migratory Pelagic Resources                               to be caught.                                                  notification to that effect with the Office
                                                  of the Gulf of Mexico and Atlantic                                DATES: This rule is effective for the                          of the Federal Register. With the
                                                  Region; Reopening of the Commercial                               western, northern, and southern (gillnet)                      exception of the Florida east coast
                                                  Sector in the Western, Northern, and                              zones in the Gulf EEZ at 12:01 a.m.,                           subzone, NMFS previously projected
                                                  Southern (Gillnet) Zones for King                                 local time, on May 11, 2017. Unless                            that the commercial quotas for Gulf
                                                  Mackerel in the Gulf of Mexico                                    changed by subsequent notification in                          migratory group king mackerel (Gulf
                                                                                                                    the Federal Register, the effectiveness of                     king mackerel) would be reached for
                                                  AGENCY:  National Marine Fisheries                                this temporary rule continues until                            each of the other zones and published
                                                  Service (NMFS), National Oceanic and                              12:01 a.m., local time, on July 1, 2017,                       temporary rules to close the zones to
                                                  Atmospheric Administration (NOAA),                                for the western and southern (gillnet)                         commercial harvest in the Gulf EEZ
                                                  Commerce.                                                         zones, and for the northern zone, the                          prior to the end of the 2016–2017
                                                  ACTION: Temporary rule; reopening.                                effectiveness continues until 12:01 a.m.,                      fishing years.
                                                                                                                    local time, on October 1, 2017.                                   On October 14, 2016, NMFS closed
                                                  SUMMARY:   NMFS reopens the
                                                  commercial sector for king mackerel in                            FOR FURTHER INFORMATION CONTACT:                               the commercial sector for king mackerel
                                                  the western and northern zones, and the                           Kelli O’Donnell, NMFS Southeast                                in the western zone (81 FR 71410,
                                                  run-around gillnet component in the                               Regional Office, phone: 727–824–5305,                          October 17, 2016).
                                                  southern zone of the Gulf of Mexico                               email: kelli.odonnell@noaa.gov.                                   On November 10, 2016, NMFS closed
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                                                  (Gulf) exclusive economic zone (EEZ)                              SUPPLEMENTARY INFORMATION: The                                 the commercial sector for king mackerel
                                                  through this temporary rule. NMFS                                 fishery for coastal migratory pelagic fish                     in the Florida west coast northern
                                                  recently published a final rule that                              includes king mackerel, Spanish                                subzone of the eastern zone (81 FR
                                                  modified the zones and annual catch                               mackerel, and cobia, and is managed                            78941, November 10, 2016).
                                                  limits (ACLs) for king mackerel in the                            under the Fishery Management Plan for                             On February 10, 2017, NMFS closed
                                                  Gulf EEZ, which increased the                                     the Coastal Migratory Pelagic Resources                        the commercial sector for king mackerel
                                                  commercial quotas for king mackerel.                              of the Gulf of Mexico and Atlantic                             in the Florida west coast southern
                                                  This final rule will be effective on May                          Region (FMP). The FMP was prepared                             subzone of the eastern zone for run-


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Document Created: 2017-05-06 02:22:03
Document Modified: 2017-05-06 02:22:03
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 June 7, 2017.
ContactIrene Shandruk, (215) 814-2166, or by email at [email protected]
FR Citation82 FR 21312 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds

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