Approval and Promulgation of Air Quality Implementation Plans; Maryland; Control Technique Guidelines for Paper, Film, and Foil Coatings, 59084-59086 [2010-23980]
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Federal Register / Vol. 75, No. 186 / Monday, September 27, 2010 / Rules and Regulations
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[FR Doc. 2010–23987 Filed 9–24–10; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2010–0525; FRL–9206–4]
Approval and Promulgation of Air
Quality Implementation Plans;
Maryland; Control Technique
Guidelines for Paper, Film, and Foil
Coatings
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
EPA is taking direct final
action to approve a State
Implementation Plan (SIP) revision
submitted by the State of Maryland.
This SIP revision pertains to the control
of volatile organic compound (VOC)
emissions from paper, film, and foil
coatings. Specifically, Maryland is
amending its regulations by adopting
the requirements of EPA’s Control
Technique Guidelines (CTG) for Paper,
Film, and Foil Coatings. These
amendments will reduce VOC emissions
from this source category. This action is
being taken in accordance with the
requirements of the Clean Air Act
(CAA).
SUMMARY:
This rule is effective on
November 26, 2010 without further
notice, unless EPA receives adverse
written comment by October 27, 2010.
If EPA receives such comments, it will
publish a timely withdrawal of the
direct final rule in the Federal Register
and inform the public that the rule will
not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID Number EPA–
R03–OAR–2010–0525 by one of the
following methods:
A. https://www.regulations.gov. Follow
the on-line instructions for submitting
comments.
B. E-mail: pino.maria@epa.gov.
C. Mail: EPA–R03–OAR–2010–0525,
Maria A. Pino, Acting Associate
Director, Office of Air Program
Planning, Mailcode 3AP30, U.S.
Environmental Protection Agency,
Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
D. Hand Delivery: At the previouslylisted EPA Region III address. Such
deliveries are only accepted during the
Docket’s normal hours of operation, and
special arrangements should be made
for deliveries of boxed information.
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DATES:
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Instructions: Direct your comments to
Docket ID No. EPA–R03–OAR–2010–
0525. EPA’s policy is that all comments
received will be included in the public
docket without change, and may be
made available online at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through https://
www.regulations.gov, or e-mail. The
https://www.regulations.gov Web site is
an ‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA without going through https://
www.regulations.gov, your e-mail
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses.
Docket: All documents in the
electronic docket are listed in the
https://www.regulations.gov, index.
Although listed in the index, some
information is not publicly available,
i.e., CBI or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically in https://
www.regulations.gov, or in hard copy
during normal business hours at the Air
Protection Division, U.S. Environmental
Protection Agency, Region III, 1650
Arch Street, Philadelphia, Pennsylvania
19103. Copies of the State submittal are
available at the Maryland Department of
the Environment, 1800 Washington
Boulevard, Suite 705, Baltimore,
Maryland 21230.
FOR FURTHER INFORMATION CONTACT:
Ellen Wentworth, (215) 814–2034, or by
e-mail at wentworth.ellen@epa.gov.
SUPPLEMENTARY INFORMATION:
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I. Background
Throughout this document, whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
On April 23, 2010, the Maryland
Department of the Environment (MDE)
submitted a formal revision to its SIP.
This SIP revision (#10–02) consists of
amendments to Regulation .07, Paper,
Fabric, Vinyl and Other Plastic Parts
Coating, under the Code of Maryland
Regulations (COMAR) 26.11.19, Control
of VOC from Specific Processes. These
amendments are necessary since
Maryland has adopted the
recommendations contained in EPA’s
CTG (EPA 453/R–07–003, September
2007), for Paper, Film, and Foil Coatings
for the control of VOC emissions from
this source category.
Section 172(c)(1) of the CAA provides
that SIPs for nonattainment areas must
include reasonably available control
measures (RACM), including reasonably
available control technology (RACT) for
sources of emissions. Section 182(b)(2)
provides that States must revise their
ozone SIP to include RACT for VOC
sources covered by any CTG document
issued after November 15, 1990, and
prior to the date of attainment. EPA
defines RACT as ‘‘the lowest emission
limitation that a particular source is
capable of meeting by the application of
control technology that is reasonably
available considering technological and
economic feasibility’’ (44 FR 53761,
September 17, 1979). In subsequent
Federal Register notices, EPA has
addressed how States can meet the
RACT requirements of the CAA. EPA
provides States with guidance
concerning what types of controls could
constitute RACT for a given source
category through issuance of a CTG. The
recommendations in the CTG are based
on available data and information and
may not apply to a particular situation
based upon the circumstances. The
State of Maryland has adopted the
recommendations contained in the
September 2007 (EPA 453/R–07–003)
CTG for Paper, Film, and Foil Coatings
as RACT for this source category. The
paper, film, and foil coatings product
category includes coatings that are
applied to paper, film, or foil surfaces in
the manufacturing of several major
product types for the following industry
sectors: pressure sensitive tape and
labels (including fabric coated for use in
pressure sensitive tapes and labels),
photographic film, industrial and
decorative laminates, abrasive products
(including fabric coated for use in
abrasive products), and flexible
packaging (including coating of nonwoven polymer substrates for use in
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Federal Register / Vol. 75, No. 186 / Monday, September 27, 2010 / Rules and Regulations
flexible packaging). The category also
includes coatings applied during
miscellaneous coating operations for
several products including: corrugated
and solid fiber boxes, die-cut paper
paperboard, and cardboard, converted
paper and paperboard not elsewhere
classified, folding paperboard boxes,
including sanitary boxes, manifold
business forms and related products,
plastic asceptic packaging, and carbon
paper and inked ribbons. Coatings
performed on or in-line with any offset
lithographic, screen, letterpress,
flexographic, rotogravure, or digital
printing press is not part of the paper,
film, and foil coating category.
II. Summary of SIP Revision
The amendments to Regulation .07 of
COMAR 26.11.19 consist of revisions to
the existing sections .07A—Definitions,
and .07B—Applicability, and the
addition of a new Section D—Emission
Standards for Paper, Film, and Foil
Product Coatings with VOC Emissions
(Potential to Emit) of 25 Tons or Greater
Per Year. Since Maryland adopted the
recommendations contained in EPA’s
2007 CTG for Paper, Film, and Foil
Coatings, these revisions to the
Maryland SIP are necessary.
Specifically, the amendment to COMAR
26.11.19.07A—Definitions, adds the
following definitions used in the
substantive provisions of the regulation:
coating line, coating solids applied,
flash-off area, paper, film, and foil
product, paper, film, and foil product
coating, and pressure sensitive tape and
label surface coating. COMAR
26.11.19.07, section .07B—
Applicability, has been revised to reflect
the applicability requirements which
are specific to coating lines that have
the potential to emit 25 tons per year
(tpy) or greater of VOC from this source
59085
category. Sources subject to this
regulation may either meet VOC
emission limits or use an add-on
emission control device to reduce VOC
emissions by 90 percent. In addition,
the SIP revision amends COMAR
26.11.19.07 by adding a new Section
.07D—Emission Standards for Paper,
Film, and Foil Product Coatings with
VOC Emissions (Potential to Emit) of 25
Tons or Greater Per Year which contains
the emissions standards and air
pollution control equipment
requirements for this source category.
Specifically, a person who meets the
applicability level in Section B of MDE’s
regulation shall: (a) Use add-on air
pollution control equipment to reduce
VOCs from the coating line by an overall
capture and control efficiency of at least
90 percent, by weight, or (b) meet the
following emission standards for each
coating line installation:
Emission standard (ratio)
lb VOC/lb solids
or
kg VOC/kg solids
Paper, film, and foil coatings
lb VOC/lb coating
or
kg VOC/kg
coating
0.40
0.20
0.08
0.06
Paper Film, and Foil Coating other than a Pressure Sensitive Tape and Label Surface Coating .............
Pressure Sensitive Tape and Label Surface Coating .................................................................................
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III. Final Action
EPA is approving the amendments to
COMAR 26.11.19.07, ‘‘Volatile Organic
Compounds from Specific Processes,’’
submitted by MDE on April 23, 2010
because they meet the recommendations
for RACT contained in EPA’s
September, 2007 CTG for Paper, Film,
and Foil Coatings. Implementation of
these amendments will result in
additional reductions of VOC emissions
from this source category. EPA is
publishing this rule without prior
proposal because the Agency views this
as a noncontroversial amendment and
anticipates no adverse comment.
However, in the ‘‘Proposed Rules’’
section of today’s Federal Register, EPA
is publishing a separate document that
will serve as the proposal to approve the
SIP revision if adverse comments are
filed. This rule will be effective on
November 26, 2010 without further
notice unless EPA receives adverse
comment by October 27, 2010. If EPA
receives adverse comment, EPA will
publish a timely withdrawal in the
Federal Register informing the public
that the rule will not take effect. EPA
will address all public comments in a
subsequent final rule based on the
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proposed rule. EPA will not institute a
second comment period on this action.
Any parties interested in commenting
must do so at this time.
IV. Statutory and Executive Order
Reviews
A. General Requirements
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act 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 Clean Air Act.
Accordingly, this action merely
approves state law as meeting Federal
requirements and does not impose
additional requirements beyond those
imposed by state law. For that reason,
this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
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• 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 Clean Air Act;
and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
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Federal Register / Vol. 75, No. 186 / Monday, September 27, 2010 / Rules and Regulations
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
paper, film, and foil coatings may not be
challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
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 Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by November 26,
2010. Filing a petition for
reconsideration by the Administrator of
this final rule does not affect the finality
of this action for the purposes of judicial
review nor does it extend the time
within which a petition for judicial
review may be filed, and shall not
postpone the effectiveness of such rule
or action. Parties with objections to this
direct final rule are encouraged to file a
comment in response to the parallel
notice of proposed rulemaking for this
action published in the proposed rules
section of today’s Federal Register,
rather than file an immediate petition
for judicial review of this direct final
rule, so that EPA can withdraw this
direct final rule and address the
comment in the proposed rulemaking.
This action pertaining to Maryland’s
adoption of the CTG standards for
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: September 7, 2010.
W.C. Early,
Acting Regional Administrator, Region III.
■
40 CFR part 52 is amended as follows:
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart V—Maryland
2. In § 52.1070, the table in paragraph
(c) is amended by revising the entry for
COMAR 26.11.19.07 to read as follows:
■
§ 52.1070
*
Identification of plan.
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(c) * * *
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EPA-APPROVED REGULATIONS IN THE MARYLAND SIP
Code of Maryland
Administrative
Regulations
(COMAR) citation
*
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26.11.19
*
26.11.19.07 .............
*
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4/19/10
*
9/27/10 [Insert page number
where the document begins].
*
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
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[EPA–R03–OAR–2010–0484; FRL–9205–9]
Approval and Promulgation of Air
Quality Implementation Plans;
Maryland; Adoption of Control
Techniques Guidelines for Flexible
Packaging Printing
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
EPA is taking direct final
action to approve a State
SUMMARY:
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Revisions to Section .07A, .07B
and the addition of new Section
.07D.
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BILLING CODE 6560–50–P
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Volatile Organic Compounds From Specific Processes
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[FR Doc. 2010–23980 Filed 9–24–10; 8:45 am]
Additional explanation/citation at
40 CFR 52.1100
EPA approval date
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Paper, fabric, vinyl and other
plastic parts coating.
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State
effective
date
Title/subject
Sfmt 4700
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Implementation Plan (SIP) revision
submitted by the Maryland Department
of the Environment (MDE). This SIP
revision includes amendments to
Maryland’s regulation for Volatile
Organic Compounds from Specific
Processes, and meets the requirement to
adopt Reasonably Available Control
Technology (RACT) for sources covered
by EPA’s Control Techniques
Guidelines (CTG) standards for flexible
packaging printing. These amendments
will reduce emissions of volatile organic
compound (VOC) emissions from
flexible packaging printing. Therefore,
this revision will help Maryland attain
and maintain the national ambient air
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]]>Agencies
[Federal Register Volume 75, Number 186 (Monday, September 27, 2010)]
[Rules and Regulations]
[Pages 59084-59086]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-23980]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2010-0525; FRL-9206-4]
Approval and Promulgation of Air Quality Implementation Plans;
Maryland; Control Technique Guidelines for Paper, Film, and Foil
Coatings
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is taking direct final action to approve a State
Implementation Plan (SIP) revision submitted by the State of Maryland.
This SIP revision pertains to the control of volatile organic compound
(VOC) emissions from paper, film, and foil coatings. Specifically,
Maryland is amending its regulations by adopting the requirements of
EPA's Control Technique Guidelines (CTG) for Paper, Film, and Foil
Coatings. These amendments will reduce VOC emissions from this source
category. This action is being taken in accordance with the
requirements of the Clean Air Act (CAA).
DATES: This rule is effective on November 26, 2010 without further
notice, unless EPA receives adverse written comment by October 27,
2010. If EPA receives such comments, it will publish a timely
withdrawal of the direct final rule in the Federal Register and inform
the public that the rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2010-0525 by one of the following methods:
A. https://www.regulations.gov. Follow the on-line instructions for
submitting comments.
B. E-mail: pino.maria@epa.gov.
C. Mail: EPA-R03-OAR-2010-0525, Maria A. Pino, Acting Associate
Director, Office of Air Program Planning, Mailcode 3AP30, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
D. Hand Delivery: At the previously-listed EPA Region III address.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2010-0525. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at https://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through https://www.regulations.gov, or e-mail. The https://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through https://www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
Docket: All documents in the electronic docket are listed in the
https://www.regulations.gov, index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in https://www.regulations.gov, or in hard copy during normal business hours at
the Air Protection Division, U.S. Environmental Protection Agency,
Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies
of the State submittal are available at the Maryland Department of the
Environment, 1800 Washington Boulevard, Suite 705, Baltimore, Maryland
21230.
FOR FURTHER INFORMATION CONTACT: Ellen Wentworth, (215) 814-2034, or by
e-mail at wentworth.ellen@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Throughout this document, whenever ``we,'' ``us,'' or ``our'' is
used, we mean EPA.
On April 23, 2010, the Maryland Department of the Environment (MDE)
submitted a formal revision to its SIP. This SIP revision (10-
02) consists of amendments to Regulation .07, Paper, Fabric, Vinyl and
Other Plastic Parts Coating, under the Code of Maryland Regulations
(COMAR) 26.11.19, Control of VOC from Specific Processes. These
amendments are necessary since Maryland has adopted the recommendations
contained in EPA's CTG (EPA 453/R-07-003, September 2007), for Paper,
Film, and Foil Coatings for the control of VOC emissions from this
source category.
Section 172(c)(1) of the CAA provides that SIPs for nonattainment
areas must include reasonably available control measures (RACM),
including reasonably available control technology (RACT) for sources of
emissions. Section 182(b)(2) provides that States must revise their
ozone SIP to include RACT for VOC sources covered by any CTG document
issued after November 15, 1990, and prior to the date of attainment.
EPA defines RACT as ``the lowest emission limitation that a particular
source is capable of meeting by the application of control technology
that is reasonably available considering technological and economic
feasibility'' (44 FR 53761, September 17, 1979). In subsequent Federal
Register notices, EPA has addressed how States can meet the RACT
requirements of the CAA. EPA provides States with guidance concerning
what types of controls could constitute RACT for a given source
category through issuance of a CTG. The recommendations in the CTG are
based on available data and information and may not apply to a
particular situation based upon the circumstances. The State of
Maryland has adopted the recommendations contained in the September
2007 (EPA 453/R-07-003) CTG for Paper, Film, and Foil Coatings as RACT
for this source category. The paper, film, and foil coatings product
category includes coatings that are applied to paper, film, or foil
surfaces in the manufacturing of several major product types for the
following industry sectors: pressure sensitive tape and labels
(including fabric coated for use in pressure sensitive tapes and
labels), photographic film, industrial and decorative laminates,
abrasive products (including fabric coated for use in abrasive
products), and flexible packaging (including coating of non-woven
polymer substrates for use in
[[Page 59085]]
flexible packaging). The category also includes coatings applied during
miscellaneous coating operations for several products including:
corrugated and solid fiber boxes, die-cut paper paperboard, and
cardboard, converted paper and paperboard not elsewhere classified,
folding paperboard boxes, including sanitary boxes, manifold business
forms and related products, plastic asceptic packaging, and carbon
paper and inked ribbons. Coatings performed on or in-line with any
offset lithographic, screen, letterpress, flexographic, rotogravure, or
digital printing press is not part of the paper, film, and foil coating
category.
II. Summary of SIP Revision
The amendments to Regulation .07 of COMAR 26.11.19 consist of
revisions to the existing sections .07A--Definitions, and .07B--
Applicability, and the addition of a new Section D--Emission Standards
for Paper, Film, and Foil Product Coatings with VOC Emissions
(Potential to Emit) of 25 Tons or Greater Per Year. Since Maryland
adopted the recommendations contained in EPA's 2007 CTG for Paper,
Film, and Foil Coatings, these revisions to the Maryland SIP are
necessary. Specifically, the amendment to COMAR 26.11.19.07A--
Definitions, adds the following definitions used in the substantive
provisions of the regulation: coating line, coating solids applied,
flash-off area, paper, film, and foil product, paper, film, and foil
product coating, and pressure sensitive tape and label surface coating.
COMAR 26.11.19.07, section .07B--Applicability, has been revised to
reflect the applicability requirements which are specific to coating
lines that have the potential to emit 25 tons per year (tpy) or greater
of VOC from this source category. Sources subject to this regulation
may either meet VOC emission limits or use an add-on emission control
device to reduce VOC emissions by 90 percent. In addition, the SIP
revision amends COMAR 26.11.19.07 by adding a new Section .07D--
Emission Standards for Paper, Film, and Foil Product Coatings with VOC
Emissions (Potential to Emit) of 25 Tons or Greater Per Year which
contains the emissions standards and air pollution control equipment
requirements for this source category. Specifically, a person who meets
the applicability level in Section B of MDE's regulation shall: (a) Use
add-on air pollution control equipment to reduce VOCs from the coating
line by an overall capture and control efficiency of at least 90
percent, by weight, or (b) meet the following emission standards for
each coating line installation:
------------------------------------------------------------------------
Emission standard (ratio)
-------------------------------------
Paper, film, and foil coatings lb VOC/lb solids lb VOC/lb coating
or kg VOC/kg or kg VOC/kg
solids coating
------------------------------------------------------------------------
Paper Film, and Foil Coating other 0.40 0.08
than a Pressure Sensitive Tape
and Label Surface Coating........
Pressure Sensitive Tape and Label 0.20 0.06
Surface Coating..................
------------------------------------------------------------------------
III. Final Action
EPA is approving the amendments to COMAR 26.11.19.07, ``Volatile
Organic Compounds from Specific Processes,'' submitted by MDE on April
23, 2010 because they meet the recommendations for RACT contained in
EPA's September, 2007 CTG for Paper, Film, and Foil Coatings.
Implementation of these amendments will result in additional reductions
of VOC emissions from this source category. EPA is publishing this rule
without prior proposal because the Agency views this as a
noncontroversial amendment and anticipates no adverse comment. However,
in the ``Proposed Rules'' section of today's Federal Register, EPA is
publishing a separate document that will serve as the proposal to
approve the SIP revision if adverse comments are filed. This rule will
be effective on November 26, 2010 without further notice unless EPA
receives adverse comment by October 27, 2010. If EPA receives adverse
comment, EPA will publish a timely withdrawal in the Federal Register
informing the public that the rule will not take effect. EPA will
address all public comments in a subsequent final rule based on the
proposed rule. EPA will not institute a second comment period on this
action. Any parties interested in commenting must do so at this time.
IV. Statutory and Executive Order Reviews
A. General Requirements
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act 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 Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using
[[Page 59086]]
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 Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by November 26, 2010. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. Parties with objections to this direct final
rule are encouraged to file a comment in response to the parallel
notice of proposed rulemaking for this action published in the proposed
rules section of today's Federal Register, rather than file an
immediate petition for judicial review of this direct final rule, so
that EPA can withdraw this direct final rule and address the comment in
the proposed rulemaking. This action pertaining to Maryland's adoption
of the CTG standards for paper, film, and foil coatings 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: September 7, 2010.
W.C. Early,
Acting Regional Administrator, Region III.
0
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart V--Maryland
0
2. In Sec. 52.1070, the table in paragraph (c) is amended by revising
the entry for COMAR 26.11.19.07 to read as follows:
Sec. 52.1070 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Regulations in the Maryland SIP
----------------------------------------------------------------------------------------------------------------
State Additional
Code of Maryland Administrative Title/subject effective EPA approval date explanation/citation
Regulations (COMAR) citation date at 40 CFR 52.1100
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
26.11.19 Volatile Organic Compounds From Specific Processes
----------------------------------------------------------------------------------------------------------------
* * * * * * *
26.11.19.07...................... Paper, fabric, vinyl 4/19/10 9/27/10 [Insert page Revisions to Section
and other plastic number where the .07A, .07B and the
parts coating. document begins]. addition of new
Section .07D.
* * * * * * *
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* * * * *
[FR Doc. 2010-23980 Filed 9-24-10; 8:45 am]
BILLING CODE 6560-50-P
