Approval and Promulgation of Air Quality Implementation Plans; Maryland; Adoption of Control Techniques Guidelines for Drum and Pail Coatings, 64015-64017 [2011-26639]
Download as PDF
<![CDATA[
Federal Register / Vol. 76, No. 200 / Monday, October 17, 2011 / Rules and Regulations
directs the EPA to use voluntary
consensus standards in its regulatory
activities unless to do so would be
inconsistent with applicable law or
otherwise impractical. Voluntary
consensus standards are technical
standards (e.g., materials specifications,
test methods, sampling procedures, and
business practices) that are developed or
adopted by voluntary consensus
standards bodies. NTTAA directs the
EPA to provide Congress, through OMB,
explanations when the Agency decides
not to use available and applicable
voluntary consensus standards.
This change to 40 CFR part 2 is
administrative in nature and does not
involve technical standards. Therefore,
the EPA did not consider the use of any
voluntary consensus standards.
rmajette on DSK29S0YB1PROD with RULES
J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
Executive Order 12898 (59 FR 7629,
February 16, 1994) establishes federal
executive policy on environmental
justice. Its main provision directs
federal agencies, to the greatest extent
practicable and permitted by law, to
make environmental justice part of their
mission by identifying and addressing,
as appropriate, disproportionately high
and adverse human health or
environmental effects of their programs,
policies, and activities on minority
populations and low-income
populations in the United States.
The EPA has determined that the
direct final action will not have
disproportionately high and adverse
human health or environmental effects
on minority or low-income populations
because the correction noted does not
affect the level of protection provided to
human health or the environment. The
change to 40 CFR part 2 is
administrative in nature and therefore
does not affect the level of protection
provided to human health or the
environment.
K. Congressional Review Act
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. The EPA will
submit a report containing this rule and
other required information to the U.S.
Senate, the U.S. House of
Representatives, and the Comptroller
General of the U.S. prior to publication
VerDate Mar<15>2010
12:28 Oct 14, 2011
Jkt 226001
64015
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). This
rule will be effective December 1, 2011.
ENVIRONMENTAL PROTECTION
AGENCY
List of Subjects in 40 CFR Part 2
Approval and Promulgation of Air
Quality Implementation Plans;
Maryland; Adoption of Control
Techniques Guidelines for Drum and
Pail Coatings
Environmental protection,
Administrative practice and procedure,
Reporting and recordkeeping
requirements.
Environmental Protection
Agency (EPA).
ACTION: Final rule.
For the reasons stated in the
preamble, title 40, chapter I, of the Code
of Federal Regulations is amended as
follows:
PART 2—[AMENDED]
1. The authority citation for part 2
continues to read as follows:
■
Authority: 5 U.S.C. 301, 552 (as amended),
553; sec. 114, Clean Air Act (as amended) (42
U.S.C. 7414).
Subpart B—[Amended]
[Amended]
2. Section 2.301 is amended by:
a. In paragraph (d)(1) introductory
text, revising the phrase ‘‘pursuant to
section 114(c) of the Clean Air Act and
5 U.S.C. 553(c)’’ to read ‘‘pursuant to
sections 114(c) and 307(d) of the Clean
Air Act’’.
■ b. In the first sentence of paragraph
(d)(2), revising the phrase ‘‘pursuant to
section 114(c) of the Clean Air Act and
5 U.S.C. 553(c)’’ to read ‘‘pursuant to
sections 114(c) and 307(d) of the Clean
Air Act’’.
■ c. In the first sentence of paragraph
(d)(3), revising the phrase ‘‘pursuant to
section 114(c) of the Clean Air Act and
5 U.S.C. 553(c)’’ to read ‘‘pursuant to
sections 114(c) and 307(d) of the Clean
Air Act’’.
■ d. In the second sentence of paragraph
(d)(4) introductory text, revising the
phrase ‘‘pursuant to section 114(c) of
the Clean Air Act and 5 U.S.C. 553(c)’’
to read ‘‘pursuant to sections 114(c) and
307(d) of the Clean Air Act’’.
■ e. In paragraph (d)(4)(i), revising the
phrase ‘‘pursuant to section 114(c) of
the Clean Air Act and 5 U.S.C. 553(c)’’
to read ‘‘pursuant to sections 114(c) and
307(d) of the Clean Air Act’’.
■
■
[FR Doc. 2011–26766 Filed 10–14–11; 8:45 am]
BILLING CODE 6560–50–P
PO 00000
Frm 00015
Fmt 4700
Sfmt 4700
[EPA–R03–OAR–2011–0610; FRL–9479–4]
AGENCY:
Dated: October 11, 2011.
Lisa P. Jackson,
Administrator.
§ 2.301
40 CFR Part 52
EPA is approving a State
Implementation Plan (SIP) revision
submitted by the State of Maryland.
This SIP revision includes amendments
to the Code of Maryland (COMAR)
26.11.19.13, Volatile Organic
Compounds from Specific Processes,
Drum and Pail Coating. Maryland’s SIP
revision meets the requirement to adopt
Reasonably Available Control
Technology (RACT) for sources covered
by EPA’s Control Techniques
Guidelines (CTG) standards for drum
and pail coatings and will help
Maryland attain and maintain the
National Ambient Air Quality Standard
(NAAQS) for ozone. EPA is approving
this revision concerning the adoption of
the CTG requirements for drum and pail
coatings in accordance with the
requirements of the Clean Air Act
(CAA).
SUMMARY:
Effective Date: This final rule is
effective on November 16, 2011.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2011–0610. All
documents in the docket are listed in
the https://www.regulations.gov website.
Although listed in the electronic docket,
some information is not publicly
available, i.e., confidential business
information (CBI) or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
https://www.regulations.gov or in hard
copy for public inspection 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.
DATES:
E:\FR\FM\17OCR1.SGM
17OCR1
64016
Federal Register / Vol. 76, No. 200 / Monday, October 17, 2011 / Rules and Regulations
FOR FURTHER INFORMATION CONTACT:
Irene Shandruk, (215) 814–2166, or by
e-mail at shandruk.irene@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Section 182(b)(2) of the CAA, 42
U.S.C. 7511a(b)(2), requires that states
having moderate nonattainment areas
for ozone revise their SIP to include
provisions requiring the implementation
of RACT for certain sources, including
categories of volatile organic compound
(VOC) sources covered by a CTG
document issued by the Administrator
between November 15, 1990 and the
date of attainment. EPA originally
developed CTG standards for
miscellaneous metal and plastic
products in 1978, which includes drum
and pail coating, and revised them in
2008. Maryland subsequently made
changes to its SIP which adopted EPA’s
CTG standards for drum and pail
coatings. The formal SIP revision was
submitted by Maryland to EPA on June
22, 2011. On August 18, 2011 (76 FR
51314), EPA published a notice of
proposed rulemaking (NPR) for
Maryland. The NPR proposed approval
of Maryland’s SIP revision for adoption
of the CTG standards for drum and pail
coatings. No comments were received
on the NPR.
II. Summary of SIP Revision
On June 22, 2011, the Maryland
Department of the Environment (MDE)
submitted to EPA a SIP revision (#11–
04) concerning the adoption of the
emission limits for drum and pail
coatings, part of the EPA miscellaneous
metal and plastic parts coatings CTG.
EPA develops CTGs as guidance on
control requirements for source
categories. States can follow the CTGs or
adopt more restrictive standards. The
State of Maryland has adopted EPA’s
CTG standards for drum and pail
coatings. This regulation is found in
COMAR 26.11.19, Volatile Organic
Compounds from Specific Processes.
Specifically, this revision amends the
existing regulation at Section
26.11.19.13 by making it specific to
drum and pail coating processes and
adopting emission limits (Table 1) for
this industry.
TABLE 1—DRUM AND PAIL COATING STANDARDS
lbs VOC/gallon
coating (minus
water)
Coating types
New, Exterior ...................................................................................................................................................
New, Interior ....................................................................................................................................................
Reconditioned, Exterior ...................................................................................................................................
Reconditioned, Interior .....................................................................................................................................
Other specific requirements
concerning this rulemaking and the
rationale for EPA’s action are explained
in the NPR and the Technical Support
Document (TSD) and will not be
restated here. No public comments were
received on the NPR.
III. Final Action
EPA is approving Maryland’s
adoption of the CTG requirements for
drum and pail coatings as a revision to
the Maryland SIP.
IV. Statutory and Executive Order
Reviews
rmajette on DSK29S0YB1PROD with RULES
A. General Requirements
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
VerDate Mar<15>2010
12:28 Oct 14, 2011
Jkt 226001
• 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
PO 00000
Frm 00016
Fmt 4700
Sfmt 4700
kg VOC/liter
coating (minus
water)
2.8
3.5
3.5
4.2
0.34
0.42
0.42
0.50
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).
E:\FR\FM\17OCR1.SGM
17OCR1
64017
Federal Register / Vol. 76, No. 200 / Monday, October 17, 2011 / Rules and Regulations
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 December 16, 2011. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action
concerning Maryland’s adoption of CTG
standards for drum and pail 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.
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 26.11.19.13 to read as follows:
■
Dated: October 5, 2011.
W.C. Early,
Acting Regional Administrator, Region III.
§ 52.1070
*
40 CFR part 52 is amended as follows:
Identification of plan.
*
*
(c) * * *
*
*
EPA-APPROVED REGULATIONS IN THE MARYLAND SIP
Code of Maryland
administrative
regulations (COMAR)
citation
*
*
26.11.19
*
26.11.19.13 ...............
*
*
*
*
*
*
[FR Doc. 2011–26639 Filed 10–14–11; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[SC–201152; FRL–9480–3]
Approval and Promulgation of Air
Quality Implementation Plans; South
Carolina; Update to Materials
Incorporated by Reference; Correction
Environmental Protection
Agency (EPA).
ACTION: Final rule; correcting
amendment.
AGENCY:
On April 25, 2011, EPA
published a final rule providing the
public with notice of the update to the
South Carolina State Implementation
Plan (SIP) compilation. This action
corrects typographical errors in the
regulatory language in EPA’s April 25,
2011, final rule.
DATES: This action is effective October
17, 2011.
ADDRESSES: Copies of the
documentation used in the action being
rmajette on DSK29S0YB1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
12:28 Oct 14, 2011
Jkt 226001
EPA approval date
*
*
*
Volatile Organic Compounds from Specific Processes
*
*
*
Drum and Pail Coating ..........................................
*
*
State effective
date
Title/subject
5/16/11
*
*
*
10/17/11 [Insert page
number where the
document begins].
*
corrected are available for inspection
during normal business hours at the
following location: U.S. Environmental
Protection Agency, Region 4, 61 Forsyth
Street, SW., Atlanta, Georgia 30303–
8960. The Regional Office’s official
hours of business are Monday through
Friday, 8:30 to 4:30, excluding federal
holidays.
FOR FURTHER INFORMATION CONTACT: Ms.
Lynorae Benjamin, Chief, Regulatory
Development Section, Air Planning
Branch, Air, Pesticides and Toxics
Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303–8960. Ms.
Benjamin can be reached at 404–562–
9040, or via electronic mail at
benjamin.lynorae@epa.gov.
SUPPLEMENTARY INFORMATION: This
action corrects typographical errors in
the regulatory language for several
entries that appear in paragraphs (c) and
(e) of South Carolina’s Identification of
Plan at 40 CFR 52.2120. The final
action, which provided the public with
notice of the update to the South
Carolina SIP compilation, was approved
by EPA on April 25, 2011 (76 FR 22817).
However, EPA inadvertently cited,
incorrect State effective dates, EPA
PO 00000
Frm 00017
Fmt 4700
Sfmt 4700
*
*
Additional explanation/
citation at 40 CFR
52.1100
*
*
Revisions to Section title
and Sections .13A,
.13B, and .13C and
addition of new Section .13D.
*
approval dates, and Federal Register
notice citations. Therefore, EPA is
correcting these typographical errors by
inserting the correct entries into
paragraphs (c) and (e) of 40 CFR
52.2120.
EPA has determined that today’s
action falls under the ‘‘good cause’’
exemption in section 553(b)(3)(B) of the
Administrative Procedure Act (APA)
which, upon finding ‘‘good cause,’’
authorizes agencies to dispense with
public participation where public notice
and comment procedures are
impracticable, unnecessary, or contrary
to the public interest. Public notice and
comment for this action are unnecessary
because today’s action to correct
inadvertent errors contained in
paragraphs (c) and (e) of 40 CFR 52.2120
of the rulemaking and has no
substantive impact on EPA’s April 25,
2011, approval. In addition, EPA can
identify no particular reason why the
public would be interested in being
notified of the correction, or in having
the opportunity to comment on the
correction prior to this action being
finalized, since this correction action
does not change the meaning of EPA’s
action to approve the changes to
E:\FR\FM\17OCR1.SGM
17OCR1
]]>Agencies
[Federal Register Volume 76, Number 200 (Monday, October 17, 2011)]
[Rules and Regulations]
[Pages 64015-64017]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-26639]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2011-0610; FRL-9479-4]
Approval and Promulgation of Air Quality Implementation Plans;
Maryland; Adoption of Control Techniques Guidelines for Drum and Pail
Coatings
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving a State Implementation Plan (SIP) revision
submitted by the State of Maryland. This SIP revision includes
amendments to the Code of Maryland (COMAR) 26.11.19.13, Volatile
Organic Compounds from Specific Processes, Drum and Pail Coating.
Maryland's SIP revision meets the requirement to adopt Reasonably
Available Control Technology (RACT) for sources covered by EPA's
Control Techniques Guidelines (CTG) standards for drum and pail
coatings and will help Maryland attain and maintain the National
Ambient Air Quality Standard (NAAQS) for ozone. EPA is approving this
revision concerning the adoption of the CTG requirements for drum and
pail coatings in accordance with the requirements of the Clean Air Act
(CAA).
DATES: Effective Date: This final rule is effective on November 16,
2011.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2011-0610. All documents in the docket are listed in
the https://www.regulations.gov website. Although listed in the
electronic docket, some information is not publicly available, i.e.,
confidential business information (CBI) or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically through https://www.regulations.gov or in hard copy for public inspection 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.
[[Page 64016]]
FOR FURTHER INFORMATION CONTACT: Irene Shandruk, (215) 814-2166, or by
e-mail at shandruk.irene@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Section 182(b)(2) of the CAA, 42 U.S.C. 7511a(b)(2), requires that
states having moderate nonattainment areas for ozone revise their SIP
to include provisions requiring the implementation of RACT for certain
sources, including categories of volatile organic compound (VOC)
sources covered by a CTG document issued by the Administrator between
November 15, 1990 and the date of attainment. EPA originally developed
CTG standards for miscellaneous metal and plastic products in 1978,
which includes drum and pail coating, and revised them in 2008.
Maryland subsequently made changes to its SIP which adopted EPA's CTG
standards for drum and pail coatings. The formal SIP revision was
submitted by Maryland to EPA on June 22, 2011. On August 18, 2011 (76
FR 51314), EPA published a notice of proposed rulemaking (NPR) for
Maryland. The NPR proposed approval of Maryland's SIP revision for
adoption of the CTG standards for drum and pail coatings. No comments
were received on the NPR.
II. Summary of SIP Revision
On June 22, 2011, the Maryland Department of the Environment (MDE)
submitted to EPA a SIP revision (11-04) concerning the
adoption of the emission limits for drum and pail coatings, part of the
EPA miscellaneous metal and plastic parts coatings CTG. EPA develops
CTGs as guidance on control requirements for source categories. States
can follow the CTGs or adopt more restrictive standards. The State of
Maryland has adopted EPA's CTG standards for drum and pail coatings.
This regulation is found in COMAR 26.11.19, Volatile Organic Compounds
from Specific Processes. Specifically, this revision amends the
existing regulation at Section 26.11.19.13 by making it specific to
drum and pail coating processes and adopting emission limits (Table 1)
for this industry.
Table 1--Drum and Pail Coating Standards
------------------------------------------------------------------------
lbs VOC/gallon kg VOC/liter
Coating types coating (minus coating (minus
water) water)
------------------------------------------------------------------------
New, Exterior....................... 2.8 0.34
New, Interior....................... 3.5 0.42
Reconditioned, Exterior............. 3.5 0.42
Reconditioned, Interior............. 4.2 0.50
------------------------------------------------------------------------
Other specific requirements concerning this rulemaking and the
rationale for EPA's action are explained in the NPR and the Technical
Support Document (TSD) and will not be restated here. No public
comments were received on the NPR.
III. Final Action
EPA is approving Maryland's adoption of the CTG requirements for
drum and pail coatings as a revision to the Maryland SIP.
IV. Statutory and Executive Order Reviews
A. General Requirements
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
B. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
[[Page 64017]]
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 December 16, 2011. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action concerning Maryland's adoption of CTG standards for
drum and pail 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: October 5, 2011.
W.C. Early,
Acting Regional Administrator, Region III.
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 26.11.19.13 to read as follows:
Sec. 52.1070 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Regulations in the Maryland SIP
----------------------------------------------------------------------------------------------------------------
Additional
Code of Maryland State explanation/
administrative regulations Title/subject effective date EPA approval date citation at 40 CFR
(COMAR) citation 52.1100
----------------------------------------------------------------------------------------------------------------
* * * * * * *
26.11.19 Volatile Organic Compounds from Specific Processes
* * * * * * *
26.11.19.13................... Drum and Pail Coating... 5/16/11 10/17/11 [Insert Revisions to
page number where Section title and
the document Sections .13A,
begins]. .13B, and .13C
and addition of
new Section .13D.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2011-26639 Filed 10-14-11; 8:45 am]
BILLING CODE 6560-50-P
