[Federal Register Volume 76, Number 200 (Monday, October 17, 2011)]
[Rules and Regulations]
[Pages 64015-64017]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-26639]


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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.

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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) 26.11.19.13, 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 http://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 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.

[[Page 64016]]


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 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
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                                                                                                  Additional
       Code of Maryland                                        State                             explanation/
  administrative  regulations         Title/subject       effective date   EPA approval date  citation at 40 CFR
       (COMAR)  citation                                                                            52.1100
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                                                  * * * * * * *
                           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.
 
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[FR Doc. 2011-26639 Filed 10-14-11; 8:45 am]
BILLING CODE 6560-50-P