Approval and Promulgation of Air Quality Implementation Plans; Maryland; Adhesives and Sealants Rule, 64237-64240 [2011-26900]
Download as PDF
<![CDATA[
Federal Register / Vol. 76, No. 201 / Tuesday, October 18, 2011 / Rules and Regulations
64237
Adoption of the Amendment
CENTRAL INTELLIGENCE AGENCY
In consideration of the foregoing, the
Federal Aviation Administration
amends 14 CFR Part 71 as follows:
32 CFR Part 1909
The Rule
srobinson on DSK4SPTVN1PROD with RULES
15, 2011, which is incorporated by
reference in 14 CFR 71.1. The Class E
airspace designations listed in this
document will be published
subsequently in the Order.
PART 71—DESIGNATION OF CLASS A,
B, C, D AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND
REPORTING POINTS
This amendment to Title 14, Code of
Federal Regulations (14 CFR) part 71
establishes Class E airspace extending
upward from 700 feet above the surface
at New Market, VA, to provide the
controlled airspace required to support
the new RNAV GPS standard
instrument approach procedures
developed for New Market Airport. This
action is necessary for the safety and
management of IFR operations at the
airport. This action also adjusts the
geographic coordinates of the airport to
be in concert with the FAA’s
aeronautical database.
The FAA has determined that this
regulation only involves an established
body of technical regulations for which
frequent and routine amendments are
necessary to keep them operationally
current, is non-controversial and
unlikely to result in adverse or negative
comments. It, therefore, (1) is not a
‘‘significant regulatory action’’ under
Executive Order 12866; (2) is not a
‘‘significant rule’’ under DOT
Regulatory Policies and Procedures (44
FR 11034; February 26, 1979); and (3)
does not warrant preparation of a
Regulatory Evaluation as the anticipated
impact is so minimal. Since this is a
routine matter that will only affect air
traffic procedures and air navigation, it
is certified that this rule, when
promulgated, will not have a significant
economic impact on a substantial
number of small entities under the
criteria of the Regulatory Flexibility Act.
The FAA’s authority to issue rules
regarding aviation safety is found in
Title 49 of the United States Code.
Subtitle I, Section 106 describes the
authority of the FAA Administrator.
Subtitle VII, Aviation Programs,
describes in more detail the scope of the
agency’s authority.
This rulemaking is promulgated
under the authority described in
Subtitle VII, Part A, Subpart I, Section
40103. Under that section, the FAA is
charged with prescribing regulations to
assign the use of airspace necessary to
ensure the safety of aircraft and the
efficient use of airspace. This regulation
is within the scope of that authority as
it establishes controlled airspace at New
Market Airport, New Market, VA.
Lists of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference,
Navigation (air).
VerDate Mar<15>2010
16:04 Oct 17, 2011
Jkt 226001
1. The authority citation for Part 71
continues to read as follows:
■
Authority: 49 U.S.C. 106(g); 40103, 40113,
40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–
1963 Comp., p. 389.
§ 71.1
[Amended]
2. The incorporation by reference in
14 CFR 71.1 of Federal Aviation
Administration Order 7400.9V, Airspace
Designations and Reporting Points,
dated August 9, 2011, effective
September 15, 2011, is amended as
follows:
■
Paragraph 6005 Class E airspace areas
extending upward from 700 feet or more
above the surface of the earth.
*
*
*
AEA VA E5
*
*
New Market, VA [New]
New Market Airport, VA
(Lat. 38°39′22″ N., long. 78°42′31″ W.)
That airspace extending upward from 700
feet above the surface within a 14.8-mile
radius of New Market Airport.
Issued in College Park, Georgia, on October
4, 2011.
Mark D. Ward,
Manager, Operations Support Group, Eastern
Service Center, Air Traffic Organization.
[FR Doc. 2011–26469 Filed 10–17–11; 8:45 am]
BILLING CODE 4910–13–P
Access by Historical Researchers and
Certain Former Government
Personnel; Correction
Central Intelligence Agency.
Final rule; correction.
AGENCY:
ACTION:
On September 23, 2011, the
Central Intelligence Agency published a
final rule resulting from a review of its
public regulations on access by
historical researchers and certain former
government personnel. As a result of the
review, the Agency has revised its
access regulations to more clearly reflect
the current CIA organizational structure
and policies and practices, and to
eliminate ambiguous, redundant and
obsolete regulatory provisions. Due to a
technical error in the review process, an
amendment was worded inaccurately.
This document corrects that error.
DATES: Effective October 18, 2011 and
applicable beginning September 23,
2011.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Joseph W. Lambert, (703) 613–1379.
In FR Doc.
No. 2011–21576 appearing on page
59034 in the Federal Register of
September 23, 2011, the following
correction is made:
SUPPLEMENTARY INFORMATION:
§ 1909.14
[Corrected]
1. On page 59035, in the third column,
amendatory instruction 8 and § 1909.14
heading are revised to read as follows:
*
*
*
*
*
■ 8. Revise § 1909.14 to read as follows:
■
§ 1909.14. Determinations on requests for
access by historical researchers.
*
*
*
*
*
DEPARTMENT OF LABOR
Dated: October 11, 2011.
Joseph W. Lambert,
Director, Information Management Services.
Wage and Hour Division
[FR Doc. 2011–26901 Filed 10–17–11; 8:45 am]
BILLING CODE 6310–02–P
29 CFR Parts 500 to 899
Republication
ENVIRONMENTAL PROTECTION
AGENCY
CFR Correction
Title 29 of the Code of Federal
Regulations, Parts 500 to 899, revised as
of July 1, 2011, is being republished in
its entirety. The earlier issuance
inadvertently omitted footnotes 41
through 58, referenced in §§ 776.20 and
776.21. The omitted footnotes should
appear on pages 368 through 371.
40 CFR Part 52
[FR Doc. 2011–26979 Filed 10–13–11; 5:19 pm]
AGENCY:
BILLING CODE 4510–27–P
PO 00000
Frm 00009
Fmt 4700
Sfmt 4700
[EPA–R03–OAR–2011–0491; EPA–R03–
OAR–2011–0570; FRL–9480–5]
Approval and Promulgation of Air
Quality Implementation Plans;
Maryland; Adhesives and Sealants
Rule
Environmental Protection
Agency (EPA).
E:\FR\FM\18OCR1.SGM
18OCR1
64238
ACTION:
Federal Register / Vol. 76, No. 201 / Tuesday, October 18, 2011 / Rules and Regulations
Final rule.
EPA is approving a State
Implementation Plan (SIP) revision
submitted by the State of Maryland.
This SIP revision pertains to
amendments to Maryland’s rule for the
control of volatile organic compound
(VOC) emissions from chemical
production and polytetrafluoroethylene
operations; from paint, resin, and
adhesive manufacturing; and from
adhesive and sealant application. This
SIP revision also pertains to an addition
of a new regulation for the control of
VOC emissions from adhesives and
sealants. EPA is approving this SIP
revision to meet the requirements of a
reasonably available control technology
(RACT) rule for the miscellaneous
industrial adhesives control techniques
guideline (CTG) category in accordance
with the requirements of the Clean Air
Act (CAA).
DATES: Effective Date: This final rule is
effective on November 17, 2011.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Numbers EPA–R03–OAR–2011–0491
and EPA–R03–OAR–2011–0570. All
documents in the docket are listed in
the www.regulations.gov Web site.
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
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.
FOR FURTHER INFORMATION CONTACT: Rose
Quinto, (215) 814–2182 or by e-mail at
quinto.rose@epa.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
srobinson on DSK4SPTVN1PROD with RULES
I. Background
On August 19, 2011 (76 FR 51925),
EPA published a notice of proposed
rulemaking (NPR) for the State of
Maryland. The NPR proposed approval
of Maryland’s adhesives and sealants
rule. The formal SIP revisions (#08–02,
#09–01, and #10–06) were submitted by
VerDate Mar<15>2010
16:04 Oct 17, 2011
Jkt 226001
the State of Maryland on April 18, 2008,
May 28, 2009, and April 22, 2010.
II. Summary of SIP Revision
The SIP revisions consist of the
following: (1) Amendments to COMAR
26.11.19.30 ‘‘Control of VOC from
Chemical Production and
Polytetrafluoroethylene Operations;’’ (2)
a new regulation for inclusion into the
Maryland SIP—COMAR 26.11.35
‘‘Control of VOC Emissions from
Adhesives and Sealants;’’ (3)
amendments to Regulation .01 under
COMAR 26.11.35 by exempting singleply roof membrane installation and
repair adhesives, single-ply roof
membrane sealants, and single ply-roof
membrane adhesive primers from
standards for VOC content during nonozone seasons through 2011 and
throughout the year of 2012; (4)
amendments to Regulation .15A under
COMAR 26.11.19 ‘‘VOCs from Specific
Processes,’’ by adding new definitions;
and (5) amendments to Regulation
.15C(4) under COMAR 26.11.19 by
repealing the general emission standard
for adhesives and replacing it with the
source-specific VOC RACT emission
limitation for the application of
adhesives and sealants to specialty
electronic systems and subsystems for
defense and homeland security. These
SIP revisions meet the requirement to
adopt a RACT for the miscellaneous
industrial adhesives CTG category.
Other specific requirements and the
rationale for EPA’s proposed action are
explained in the NPR and will not be
restated here. No public comments were
received on the NPR.
III. Final Action
EPA is approving the adhesives and
sealants rule as a revision to the
Maryland SIP. This SIP revision meets
the requirement to adopt RACT for the
miscellaneous industrial adhesives CTG
category.
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:
PO 00000
Frm 00010
Fmt 4700
Sfmt 4700
• 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
E:\FR\FM\18OCR1.SGM
18OCR1
64239
Federal Register / Vol. 76, No. 201 / Tuesday, October 18, 2011 / Rules and Regulations
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).
shall not postpone the effectiveness of
such rule or action. This action
pertaining to Maryland’s adhesives and
sealants rule, may not be challenged
later in proceedings to enforce its
requirements. (See section 307(b)(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 December 19, 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
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone,
Reporting and recordkeeping
requirements, Volatile organic
compounds.
Subpart V—Maryland
Dated: October 3, 2011.
W.C. Early,
Acting Regional Administrator, Region III.
§ 52.1070
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
2. In § 52.1070, the table in paragraph
(c) is amended by revising entries for
COMAR 26.11.19.15 and COMAR
26.11.19.30, and adding an entry for
COMAR 26.11.35 to read as follows:
■
*
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
*
*
EPA approval date
*
*
26.11.19
*
State effective
date
Title/subject
*
*
*
*
Paint, Resin, and Adhesive Manufacturing and Adhesive and
Sealant Applications.
*
*
26.11.19.30 ..................................
*
Control of Volatile Organic Compounds from Chemical Production and Flouropolymer Material Installations.
*
*
26.11.35
4/19/10
*
4/21/08
*
Incorporation by Reference .........
4/21/08
26.11.35.03 ..................................
Definitions ....................................
4/21/08
26.11.35.04 ..................................
Standards ....................................
4/21/08
26.11.35.05 ..................................
Administrative Requirements .......
4/21/08
26.11.35.06 ..................................
srobinson on DSK4SPTVN1PROD with RULES
26.11.35.02 ..................................
Compliance Procedures and Test
Methods.
4/21/08
26.11.35.07 ..................................
Container Labeling ......................
4/21/08
16:04 Oct 17, 2011
*
Jkt 226001
Amendments to Sections
.15A and .15C.
*
*
10/18/11[Insert page number where the document
begins].
*
Amendments to Sections
.30A, .30B, .30C and
.30E.
*
*
Volatile Organic Compounds from Adhesives and Sealants
4/21/08
6/1/09
VerDate Mar<15>2010
*
10/18/11 [Insert page
number where the document begins].
*
Applicability and Exemptions .......
*
*
*
*
26.11.35.01 ..................................
*
*
Control of Volatile Organic Compounds from Specific Processes
26.11.19.15 ..................................
*
Additional explanation/citation at 40CFR 52.1100
PO 00000
*
Frm 00011
Fmt 4700
10/18/11 [Insert page
number where the document begins].
10/18/11 [Insert page
number where the document begins].
10/18/11 [Insert page
number where the document begins].
10/18/11 [Insert page
number where the document begins].
10/18/11 [Insert page
number where the document begins].
10/18/11 [Insert page
number where the document begins].
10/18/11 [Insert page
number where the document begins].
*
Sfmt 4700
E:\FR\FM\18OCR1.SGM
*
18OCR1
New Section.
New Section.
New Section.
New Section.
New Section.
New Section.
New Section.
*
64240
*
*
Federal Register / Vol. 76, No. 201 / Tuesday, October 18, 2011 / Rules and Regulations
*
*
*
[FR Doc. 2011–26900 Filed 10–17–11; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2010–0741–201071; FRL–
9476–5]
Approval and Promulgation of
Implementation Plans; North Carolina:
Prevention of Significant Deterioration;
Greenhouse Gas Tailoring Rule
Revision
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is taking final action to
approve a revision to the State
Implementation Plan (SIP), submitted
by the State of North Carolina, through
the North Carolina Department of
Environment and Natural Resources’
(NC DENR) Division of Air Quality, to
EPA on August 11, 2010, for parallel
processing. NC DENR submitted the
final version of this SIP revision on May
17, 2011. The SIP revision establishes
new NC DENR air quality regulations,
specific to the regulation of greenhouse
gases (GHGs) under North Carolina’s
New Source Review (NSR) Prevention of
Significant Deterioration (PSD) program.
Specifically, the SIP revision establishes
appropriate emission thresholds for
determining which new stationary
sources and modification projects
become subject to North Carolina’s PSD
permitting requirements for their GHG
emissions. This rule incorporates state
law changes into the federally approved
SIP, and specifically, clarifies the
applicable thresholds in the North
Carolina SIP for GHG PSD requirements.
EPA is approving North Carolina’s May
17, 2011, SIP revision because the
Agency has made the determination that
this SIP revision is in accordance with
the Clean Air Act (CAA or Act) and EPA
regulations, including regulations
pertaining to PSD permitting for GHGs.
Additionally, EPA is responding to
adverse comments received on EPA’s
November 5, 2010, proposed approval of
North Carolina’s August 11, 2010, draft
SIP revision.
DATES: Effective Date: This rule will be
effective November 17, 2011.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2010–0741. All documents in the docket
are listed on the https://
www.regulations.gov Web site. Although
srobinson on DSK4SPTVN1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
16:04 Oct 17, 2011
Jkt 226001
listed in the index, some information is
not publicly available, i.e., Confidential
Business Information 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 at
the 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. EPA
requests that if at all possible, you
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section
for further information. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 to 4:30,
excluding Federal holidays.
For
information regarding the North
Carolina SIP, contact Ms. Twunjala
Bradley, 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.
Bradley’s telephone number is (404)
562–9352; e-mail address:
bradley.twunjala@epa.gov. For
information regarding the Tailoring
Rule, contact Ms. Heather Abrams, Air
Permits Section, at the same address
above. Ms. Abrams’ telephone number
is (404) 562–9185; e-mail address:
abrams.heather@epa.gov.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Table of Contents
I. What is the background for this final
action?
II. What is EPA’s response to comments
received on this action?
III. What is the effect of this final action?
IV. Final Action
V. Statutory and Executive Order Reviews
I. What is the background for this final
action?
EPA has recently undertaken a series
of actions pertaining to the regulation of
GHGs that, although for the most part
distinct from one another, establish the
overall framework for today’s final
action on the North Carolina SIP. Four
of these actions include, as they are
commonly called, the ‘‘Endangerment
Finding’’ and ‘‘Cause or Contribute
Finding,’’ which EPA issued in a single
PO 00000
Frm 00012
Fmt 4700
Sfmt 4700
final action,1 the ‘‘Johnson Memo
Reconsideration,’’ 2 the ‘‘Light-Duty
Vehicle Rule,’’ 3 and the ‘‘Tailoring
Rule.’’ 4 Taken together and in
conjunction with the CAA, these actions
established regulatory requirements for
GHGs emitted from new motor vehicles
and new motor vehicle engines;
determined that such regulations, when
they took effect on January 2, 2011,
subjected GHGs emitted from stationary
sources to PSD requirements; and
limited the applicability of PSD
requirements to GHG sources on a
phased-in basis.
On August 11, 2010, in response to
the Tailoring Rule and earlier GHGrelated EPA rules, NC DENR submitted
a draft revision to EPA for approval into
the North Carolina SIP to establish
appropriate emission thresholds for
determining which new or modified
stationary sources become subject to
North Carolina’s PSD permitting
requirements for GHG emissions.
Subsequently, on November 5, 2010,
EPA published a proposed rulemaking
to approve a portion of North Carolina’s
August 11, 2010, SIP revision under
parallel processing. See 75 FR 68279.
Specifically, North Carolina’s August
11, 2010, draft SIP revision incorporates
by reference the Tailoring Rule
provisions at 40 Code of Federal
Regulations (CFR) 51.166 (as amended
June 3, 2010, and effective August 2,
2010), into the North Carolina SIP at
15A North Carolina Administrative
Code (NCAC) 02D .0544—Prevention of
Significant Deterioration Requirements
for Greenhouse Gases, to address the
thresholds for GHG permitting
applicability. Detailed background
information and EPA’s rationale for the
proposed approval are provided in
EPA’s November 5, 2010, Federal
Register notice.
EPA’s November 5, 2010, proposed
approval was contingent upon North
Carolina providing a final SIP revision
that was substantively the same as the
revision proposed for approval by EPA
in the November 5, 2010, proposed
rulemaking. See 75 FR 68279. North
Carolina provided its final SIP revision
on May 17, 2011. In its final SIP
revision, North Carolina made minor
1 ‘‘Endangerment and Cause or Contribute
Findings for Greenhouse Gases Under Section
202(a) of the Clean Air Act.’’ 74 FR 66496
(December 15, 2009).
2 ‘‘Interpretation of Regulations that Determine
Pollutants Covered by Clean Air Act Permitting
Programs.’’ 75 FR 17004 (April 2, 2010).
3 ‘‘Light-Duty Vehicle Greenhouse Gas Emission
Standards and Corporate Average Fuel Economy
Standards; Final Rule.’’ 75 FR 25324 (May 7, 2010).
4 ‘‘Prevention of Significant Deterioration and
Title V Greenhouse Gas Tailoring Rule; Final Rule.’’
75 FR 31514 (June 3, 2010).
E:\FR\FM\18OCR1.SGM
18OCR1
]]>Agencies
[Federal Register Volume 76, Number 201 (Tuesday, October 18, 2011)]
[Rules and Regulations]
[Pages 64237-64240]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-26900]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2011-0491; EPA-R03-OAR-2011-0570; FRL-9480-5]
Approval and Promulgation of Air Quality Implementation Plans;
Maryland; Adhesives and Sealants Rule
AGENCY: Environmental Protection Agency (EPA).
[[Page 64238]]
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving a State Implementation Plan (SIP) revision
submitted by the State of Maryland. This SIP revision pertains to
amendments to Maryland's rule for the control of volatile organic
compound (VOC) emissions from chemical production and
polytetrafluoroethylene operations; from paint, resin, and adhesive
manufacturing; and from adhesive and sealant application. This SIP
revision also pertains to an addition of a new regulation for the
control of VOC emissions from adhesives and sealants. EPA is approving
this SIP revision to meet the requirements of a reasonably available
control technology (RACT) rule for the miscellaneous industrial
adhesives control techniques guideline (CTG) category in accordance
with the requirements of the Clean Air Act (CAA).
DATES: Effective Date: This final rule is effective on November 17,
2011.
ADDRESSES: EPA has established a docket for this action under Docket ID
Numbers EPA-R03-OAR-2011-0491 and EPA-R03-OAR-2011-0570. All documents
in the docket are listed in the www.regulations.gov Web site. 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
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.
FOR FURTHER INFORMATION CONTACT: Rose Quinto, (215) 814-2182 or by e-
mail at quinto.rose@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On August 19, 2011 (76 FR 51925), EPA published a notice of
proposed rulemaking (NPR) for the State of Maryland. The NPR proposed
approval of Maryland's adhesives and sealants rule. The formal SIP
revisions (08-02, 09-01, and 10-06) were
submitted by the State of Maryland on April 18, 2008, May 28, 2009, and
April 22, 2010.
II. Summary of SIP Revision
The SIP revisions consist of the following: (1) Amendments to COMAR
26.11.19.30 ``Control of VOC from Chemical Production and
Polytetrafluoroethylene Operations;'' (2) a new regulation for
inclusion into the Maryland SIP--COMAR 26.11.35 ``Control of VOC
Emissions from Adhesives and Sealants;'' (3) amendments to Regulation
.01 under COMAR 26.11.35 by exempting single-ply roof membrane
installation and repair adhesives, single-ply roof membrane sealants,
and single ply-roof membrane adhesive primers from standards for VOC
content during non-ozone seasons through 2011 and throughout the year
of 2012; (4) amendments to Regulation .15A under COMAR 26.11.19 ``VOCs
from Specific Processes,'' by adding new definitions; and (5)
amendments to Regulation .15C(4) under COMAR 26.11.19 by repealing the
general emission standard for adhesives and replacing it with the
source-specific VOC RACT emission limitation for the application of
adhesives and sealants to specialty electronic systems and subsystems
for defense and homeland security. These SIP revisions meet the
requirement to adopt a RACT for the miscellaneous industrial adhesives
CTG category. Other specific requirements and the rationale for EPA's
proposed action are explained in the NPR and will not be restated here.
No public comments were received on the NPR.
III. Final Action
EPA is approving the adhesives and sealants rule as a revision to
the Maryland SIP. This SIP revision meets the requirement to adopt RACT
for the miscellaneous industrial adhesives CTG category.
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
[[Page 64239]]
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 December 19, 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 pertaining to Maryland's adhesives and sealants
rule, 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, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements, Volatile organic compounds.
Dated: October 3, 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
entries for COMAR 26.11.19.15 and COMAR 26.11.19.30, and adding an
entry for COMAR 26.11.35 to read as follows:
Sec. 52.1070 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Regulations in the Maryland SIP
--------------------------------------------------------------------------------------------------------------------------------------------------------
Code of Maryland administrative State Additional explanation/citation at
regulations (COMAR) citation Title/subject effective date EPA approval date 40CFR 52.1100
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
26.11.19 Control of Volatile Organic Compounds from Specific Processes
--------------------------------------------------------------------------------------------------------------------------------------------------------
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
26.11.19.15....................... Paint, Resin, and 4/19/10 10/18/11 [Insert page number where the Amendments to Sections .15A and .15C.
Adhesive document begins].
Manufacturing and
Adhesive and Sealant
Applications.
* * * * * * *
26.11.19.30....................... Control of Volatile 4/21/08 10/18/11[Insert page number where the Amendments to Sections .30A, .30B,
Organic Compounds document begins]. .30C and .30E.
from Chemical
Production and
Flouropolymer
Material
Installations.
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
26.11.35 Volatile Organic Compounds from Adhesives and Sealants
--------------------------------------------------------------------------------------------------------------------------------------------------------
26.11.35.01....................... Applicability and 4/21/08 10/18/11 [Insert page number where the New Section.
Exemptions. 6/1/09 document begins].
26.11.35.02....................... Incorporation by 4/21/08 10/18/11 [Insert page number where the New Section.
Reference. document begins].
26.11.35.03....................... Definitions.......... 4/21/08 10/18/11 [Insert page number where the New Section.
document begins].
26.11.35.04....................... Standards............ 4/21/08 10/18/11 [Insert page number where the New Section.
document begins].
26.11.35.05....................... Administrative 4/21/08 10/18/11 [Insert page number where the New Section.
Requirements. document begins].
26.11.35.06....................... Compliance Procedures 4/21/08 10/18/11 [Insert page number where the New Section.
and Test Methods. document begins].
26.11.35.07....................... Container Labeling... 4/21/08 10/18/11 [Insert page number where the New Section.
document begins].
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 64240]]
* * * * *
[FR Doc. 2011-26900 Filed 10-17-11; 8:45 am]
BILLING CODE 6560-50-P
