[Federal Register Volume 76, Number 201 (Tuesday, October 18, 2011)]
[Rules and Regulations]
[Pages 64237-64240]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-26900]


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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.

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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 [email protected].

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
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                                                                      * * * * * * *
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                                         26.11.19 Control of Volatile Organic Compounds from Specific Processes
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
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                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
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.
 
                                                                      * * * * * * *
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                                             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].
 
                                                                      * * * * * * *
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[FR Doc. 2011-26900 Filed 10-17-11; 8:45 am]
BILLING CODE 6560-50-P