[Federal Register Volume 75, Number 186 (Monday, September 27, 2010)]
[Rules and Regulations]
[Pages 59084-59086]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-23980]


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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.

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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. http://www.regulations.gov. Follow the on-line instructions for 
submitting comments.
    B. E-mail: [email protected].
    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 http://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 http://www.regulations.gov, or e-mail. The http://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 http://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 
http://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 http://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 [email protected].

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
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                                                            State                                Additional
 Code of Maryland Administrative       Title/subject      effective     EPA approval date   explanation/citation
   Regulations (COMAR) citation                              date                             at 40 CFR 52.1100
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                           26.11.19 Volatile Organic Compounds From Specific Processes
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                                                  * * * * * * *
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