[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]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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
----------------------------------------------------------------------------------------------------------------
State Additional
Code of Maryland Administrative Title/subject effective EPA approval date explanation/citation
Regulations (COMAR) citation date at 40 CFR 52.1100
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
26.11.19 Volatile Organic Compounds From Specific Processes
----------------------------------------------------------------------------------------------------------------
* * * * * * *
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.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2010-23980 Filed 9-24-10; 8:45 am]
BILLING CODE 6560-50-P