[Federal Register Volume 76, Number 200 (Monday, October 17, 2011)]
[Rules and Regulations]
[Pages 64020-64022]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-26638]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2011-0600; FRL-9479-6]


Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; Adoption of Control Techniques Guidelines for Plastic Parts 
and Business Machines Coatings

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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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) 26.11.19.07, Volatile 
Organic Compounds from Specific Processes, Paper, Fabric, Film and Foil 
Coating, and adds new COMAR 26.11.19.07-2, Plastic Parts and Business 
Machines 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 
plastic parts and business machines 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 plastic parts and business machines 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-2011-0600. All documents in the docket are listed in 
the http://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 http://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: Irene Shandruk, (215) 814-2166, or by 
e-mail at [email protected].

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, which 
includes plastic parts and business machines coating, in 1978 and 
revised them in 2008. Maryland subsequently made changes to its SIP 
which adopted EPA's CTG standards for plastic parts and business 
machines coatings. The formal SIP revision was submitted by Maryland to 
EPA on June 22, 2011. On August 19, 2011 (76 FR 51922), 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 plastic parts and business machines 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 (11-03) concerning the 
adoption of the emission limits for plastic parts and business machines 
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 
plastic parts and business machine coating processes. These regulations 
are in COMAR 26.11.19, Volatile Organic Compounds from Specific 
Processes. Specifically, this revision amends the existing regulation 
at section 26.11.19.07 by moving existing VOC coating standards for 
plastic parts and vinyl from this section to a new section, COMAR 
26.11.19.07-2, Plastic Parts and Business Machines Coating. 
Additionally, coating standards for plastic parts and business machines 
from EPA's CTG are being adopted into COMAR 26.11.19.07-2, as well as 
new definitions and application methods. Tables 1-3 below outline the 
emission standards adopted by Maryland for plastic parts coatings, 
business machines coatings, and printing standards.

[[Page 64021]]



                                    Table 1--Plastic Parts Coating Standards
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                                                                                Pounds of VOC     Kilograms of
                                                              Applicability     per gallon of     VOC per Liter
                   Coating installation                      (pounds of VOC      coating (as     of coating (as
                                                                per day)        applied minus     applied minus
                                                                                   water)            water)
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Decorative coating of other plastic parts.................                20               5.9              0.70
General, one-component....................................                15               2.3              0.28
General, multi-component..................................                15               3.5              0.42
Electric dissipating coatings and shock-free coatings.....                15               6.7              0.80
Extreme performance.......................................                15               3.5              0.42
Metallic..................................................                15               3.5              0.42
Military specification, one-component.....................                15               2.8              0.34
Military specification, multi-component...................                15               3.5              0.42
Mold seal.................................................                15               6.3              0.76
Multi-colored coatings....................................                15               5.7              0.68
Optical coatings..........................................                15               6.7              0.80
Plastic vehicle parts.....................................                20               3.0              0.36
Vacuum-metalizing.........................................                15               6.7              0.80
Vinyl.....................................................                20               3.8              0.45
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                                  Table 2--Business Machines Coating Standards
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                                                                                Pounds of VOC     Kilograms of
                                                              Applicability     per gallon of     VOC per liter
                   Coating installation                      (pounds of VOC      coating (as     of coating (as
                                                                per day)        applied minus     applied minus
                                                                                   water)            water)
----------------------------------------------------------------------------------------------------------------
Prime coat................................................                15               2.9              0.35
Topcoat...................................................                15               2.9              0.35
Texture coat..............................................                15               2.9              0.35
Fog coat..................................................                15               2.9              0.26
Touchup and repair........................................                15               2.9              0.35
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                                           Table 3--Printing Standards
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                                                                                Pounds of VOC     Kilograms of
                                                                                per gallon of     VOC per liter
            Printing installation              Applicability (pounds of VOC      coating (as     of coating (as
                                                         per day)               applied minus     applied minus
                                                                                   water)            water)
----------------------------------------------------------------------------------------------------------------
Plastic other than vinyl....................  Non-major source..............               5.8              0.69
Plastic other than vinyl....................  Major source as defined in                   3.8              0.45
                                               COMAR 26.11.19.01B(4).
Vinyl.......................................  20............................               3.8              0.45
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    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 
plastic parts and business machines 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);

[[Page 64022]]

     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have Tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the state, and EPA notes that it will not impose substantial direct 
costs on Tribal governments or preempt Tribal law.

B. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).

C. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by 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 
plastic parts and business machines 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 03, 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 26.11.19.07 and adding an entry for COMAR 
26.11.19.07-2 to read as follows:


Sec.  52.1070  Identification of plan.

* * * * *
    (c) * * *

                                  EPA-Approved Regulations in the Maryland SIP
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                                                                                                  Additional
       Code of Maryland                                        State                             explanation/
  administrative  regulations         Title/subject          effective     EPA approval date  citation at 40 CFR
       (COMAR)  citation                                       date                                 52.1100
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                                                  * * * * * * *
                           26.11.19 Volatile Organic Compounds from Specific Processes
 
                                                  * * * * * * *
26.11.19.07...................  Paper, Fabric, Film, and         5/16/11  10/17/11 [Insert    Revisions to
                                 Foil Coating.                             page number where   Section title and
                                                                           the document        Sections .07A and
                                                                           begins].            .07C(3).
 
                                                  * * * * * * *
26.11.19.07-2.................  Plastic Parts and                5/16/11  10/17/11 [Insert    New Regulation.
                                 Business Machines                         page number where
                                 Coating.                                  the document
                                                                           begins].
 
                                                  * * * * * * *
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[FR Doc. 2011-26638 Filed 10-14-11; 8:45 am]
BILLING CODE 6560-50-P