Federal Register / Vol. 75, No. 117 / Friday, June 18, 2010 / Proposed Rules 34671 

SIP. The SIP revision (#09–04) pertains 

to changes in emission limitations for 

the R. Paul Smith Power Station in 

Washington County. This facility had 

annual nitrogen oxides (NOx), ozone 

season NOx, and sulfur oxides (SO2) 

emission limits that were established 

under EPA-approved Maryland 

regulation COMAR 26.11.27—Emission 

Limitations for Power Plants, which was 

adopted by the State to meet statutory 

requirements under the Maryland 

Healthy Air Act (HAA). The HAA 

allows R. Paul Smith to operate without 

complying with the emission limitations 

set forth in this statute if PJM 

Interconnection, Inc. (PJM) determines 

that termination of operation of the 

facility will adversely affect the 

reliability of electrical service in the 

PJM region. Subsequent to Maryland’s 

adoption of COMAR 26.11.27 and EPA’s 

approval of the rule into the Maryland 

SIP, PJM determined that the R. Paul 

Smith facility is needed to maintain 

electricity reliability in the State. The 

HAA requires that if R. Paul Smith units 

3 and 4 are allowed to operate without 

complying with the emissions 

limitations established in the statute, 

certain conditions must be met. These 

conditions require that the facility 

operate at emissions levels that are 

lower than the highest level measured at 

the facility during the calendar years 

from 2000 through 2004, and that MDE 

review the operations of the facility, 

then adopt regulations to establish an 

alternative emissions requirement for 

the facility. In accordance with these 

statutory requirements, MDE revised 

COMAR 26.11.27 to establish alternative 

emission limits for these two Electric 

Generating Units at R. Paul Smith. 

II. Summary of SIP Revision 

COMAR 26.11.27 is revised to 

establish new emission limitations for 

R. Paul Smith Power Station. The NOx 

annual tonnage limits for R. Paul Smith 

is revised from 416 tons to 1390 tons 

starting with the 2009 control period, 

the NOx ozone season limit is revised 

from 140 tons to 545 tons starting with 

the 2009 ozone season, and the SO2

annual tonnage is revised from 1002 

tons to 4590 tons starting with the 2009 

control period. 

Because the SIP revision increases 

emissions from this facility, MDE was 

required to meet section 110(l) of the 

CAA. Section 110(l) requires that the 

revision not interfere with any 

applicable requirement concerning 

attainment and reasonable further 

progress, or any other applicable 

requirement of section 110. EPA’s 

analysis confirmed that the SIP revision 

does not interfere with any section 

110(l) requirements. A more detailed 

discussion of EPA’s rationale for 

approval of this Maryland SIP revision 

may be found in the technical support 

document (TSD) for this action. 

III. Proposed Action 

EPA is proposing to approve the SIP 

revision submitted by the State of 

Maryland on December 15, 2009. The 

SIP revision incorporates revisions to 

the emission limitations that apply to 

the R. Paul Smith Power Station in 

Washington County. EPA is soliciting 

public comments on the issues 

discussed in this document. These 

comments will be considered before 

taking final action. 

IV. Statutory and Executive Order 

Reviews 

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 

proposes to approve state law as 

meeting Federal requirements and does 

not impose additional requirements 

beyond those imposed by state law. For 

that reason, this proposed 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 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this proposed rule 

approving revisions to the emission 

limitations for R. Paul Smith Power 

Station 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. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Nitrogen dioxide, 

Ozone, Particulate matter, Sulfur oxides. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: June 7, 2010. 

W.C. Early, 

Acting Regional Administrator, Region III. 

[FR Doc. 2010–14779 Filed 6–17–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2010–0124; FRL–9164–4] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Delaware; Limiting Emissions of 

Volatile Organic Compounds From 

Consumer Products 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

a State Implementation Plan (SIP) 

revision submitted by the State of 

Delaware concerning the control of 

volatile organic compounds (VOC). The 

revision amends existing Section 2.0— 

Consumer Products to Delaware’s 

Regulation 1141 (formerly SIP 

Regulation No. 41)—Limiting Emissions 

of Volatile Organic Compounds from 

Consumer and Commercial Products. 

This action is being taken under the 

Clean Air Act (CAA). 

DATES: Written comments must be 

received on or before July 19, 2010. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 


hsrobinson on DSK69SOYB1PROD with PROPOSALS-1
34672 Federal Register / Vol. 75, No. 117 / Friday, June 18, 2010 / Proposed Rules 

R03–OAR–2010–0124 by one of the 

following methods: 

A. http://www.regulations.gov. Follow 

the on-line instructions for submitting 

comments. 

B. E-mail: 

fernandez.cristina@epa.gov. 

C. Mail: EPA–R03–OAR–2010–0124, 

Cristina Fernandez, 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 previouslylisted 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– 

0124. 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 Delaware Department of 

Natural Resources and Environmental 

Control, 89 Kings Highway, P.O. Box 

1401, Dover, Delaware 19901. 

FOR FURTHER INFORMATION CONTACT: 

Gregory Becoat, (215) 814–2036, or by email at becoat.gregory@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On June 22, 2009, the Delaware 

Department of Natural Resources and 

Environmental Control (DNREC) 

submitted a revision to its SIP for 

amendments to Regulation 1141/SIP 

Regulation No. 41— Limiting Emissions 

of Volatile Organic Compounds From 

Consumer and Commercial Products. 

This SIP revision amends existing 

Section 2.0—Consumer Products by 

adding the sale, distribution, and 

manufacturing of 23 new categories of 

consumer products and product types, 

which include personal hygiene and 

grooming, home cleaning, and cleaning 

of electrical and electronic equipment. 

This revision is projected to reduce VOC 

emissions in Delaware by up to 220 tons 

per year. 

The standards and requirements 

contained in Delaware’s consumer 

products rule are based on the Ozone 

Transport Commission (OTC) model 

rule. The OTC consumer products 

model rule was based on the existing 

rules developed by the California Air 

Resources Board, which were analyzed 

and modified by the OTC workgroup to 

address VOC reduction needs in the 

Ozone Transport Region (OTR). 

Implementing this rule will result in SIP 

emission reductions in VOC to support 

the attainment demonstrations, and 

reductions in ground-level ozone in 

other areas of the OTR. 

II. Summary of SIP Revision 

Regulation 1141 (formerly SIP 

Regulation No. 41), Section 2.0 

establishes applicability to any person 

who sells, supplies, offers for sale, uses 

or applies, or manufactures for sale 

consumer products in the State of 

Delaware. The rule does not apply to a 

retailer who sells, supplies, or offers for 

sale in the State of Delaware, a 

particular consumer product that does 

not comply with the VOC standards, 

provided that retailer demonstrates that 

the manufacturer or distributor of that 

product misled that retailer into 

believing that the product did comply 

with the VOC standards. The rule sets 

compliance dates for specific VOC 

content limits in percent VOCs by 

weight for consumer products and lists 

exemptions from the VOC content 

limits. The rule also contains 

requirements for the following 

consumer products: (1) Products 

requiring dilution, (2) ozone depleting 

compounds, (3) aerosols adhesives, (4) 

antiperspirants or deodorants, (5) 

charcoal lighter materials, and (6) floor 

wax strippers. Regulation 1141 provides 

alternative control plans (ACP) by 

allowing responsible parties the option 

to voluntarily enter into separate ACP 

agreements for the consumer products 

mentioned above. In addition, the rule 

contains the following: (1) Criteria for 

innovative products exemptions and 

requirements for waiver requests, (2) 

administrative requirements for labeling 

and reporting, and (3) test methods for 

demonstrating compliance. Further 

details of Delaware’s regulation 

revisions can be found in a Technical 

Support Document prepared for this 

proposed rulemaking action. 

III. Proposed Action 

EPA has determined that the revisions 

made to Regulation 1141 (formerly SIP 

Regulation No. 41), Section 2.0, entitled 

‘‘Consumer Products,’’ meet the SIP 

revision requirements of the CAA and is 

proposing to approve the amendment to 

Delaware’s consumer products 

regulations. These revisions will result 

in the reduction of VOC emissions from 

consumer products in the State of 

Delaware. EPA is soliciting public 

comments on the issues discussed in 

this document. These comments will be 

considered before taking final action. 

IV. Statutory and Executive Order 

Reviews 

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 

proposes to approve State law as 

meeting Federal requirements and does 

not impose additional requirements 

beyond those imposed by State law. For 

that reason, this proposed action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 


hsrobinson on DSK69SOYB1PROD with PROPOSALS-1
Federal Register / Vol. 75, No. 117 / Friday, June 18, 2010 / Proposed Rules 34673 

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 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this proposed rule, 

pertaining to Delaware’s amendment to 

Section 2.0—Consumer Products of 

Delaware’s Regulation No. 1141 

(formerly SIP Regulation No. 41)— 

Limiting Emissions of Volatile Organic 

Compounds From Consumer and 

Commercial Products, 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. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: June 7, 2010. 

W.C. Early, 

Acting Regional Administrator, Region III. 

[FR Doc. 2010–14775 Filed 6–17–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 63 

[EPA–R01–OAR–2010–0207; A–1–FRL– 

9163–3] 

Approval of the Clean Air Act, Section 

112(l), Authority for Hazardous Air 

Pollutants: Air Emission Standards for 

Halogenated Solvent Cleaning 

Machines: State of Rhode Island 

Department of Environmental 

Management 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: Under Clean Air Act section 

112(l), EPA may approve State or local 

rules or programs to be implemented 

and enforced in place of certain 

otherwise applicable Federal rules, 

emissions standards, or requirements. 

EPA proposes to approve Rhode Island 

Department of Environmental 

Management’s (‘‘RI DEM’s’’) request for 

approval to implement and enforce Air 

Pollution Control Regulation Number 

36, Control of Emissions from Organic 

Solvent Cleaning (‘‘RI Regulation No. 

36’’) and Rhode Island Air Pollution 

Control, General Definitions Regulation 

(‘‘RI General Definitions Rule’’), as a 

partial substitution for the National 

Emissions Standards for Halogenated 

Solvent Cleaning (‘‘Halogenated Solvent 

NESHAP’’) as it applies to organic 

solvent cleaning machines in Rhode 

Island, except for continuous web 

cleaning machines. This approval 

would grant RI DEM the authority to 

implement and enforce RI Regulation 

No. 36 and the RI General Definitions 

Rule in place of the Halogenated 

Solvent NESHAP for organic solvent 

cleaning machines and would make the 

Rhode Island Department of 

Environmental Management’s rules 

referenced above Federally enforceable. 

Continuous web cleaning machines 

would remain subject to the 

Halogenated Solvent NESHAP. 

DATES: Written comments must be 

received on or before July 19, 2010. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R01– 

OAR–2010–0207 by one of the following 

methods: 

1. http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

2. E-mail: mcdonnell.ida@epa.gov. 

3. Fax: (617) 918–0653. 

4. Mail: ‘‘EPA–R01–OAR–2010–0207’’, 

Ida McDonnell, U.S. Environmental 

Protection Agency, EPA New England 

Regional Office, Air Permits, Toxics and 

Indoor Programs Unit, Five Post Office 

Square, Suite 100 (OEP05–2), Boston, 

MA 02109–3912. 

5. Hand Delivery or Courier. Deliver 

your comments to: Ida McDonnell, 

Manager, Air Permits, Toxics and 

Indoor Programs Unit, Office of 

Ecosystem Protection, U.S. 

Environmental Protection Agency, EPA 

New England Regional Office, Five Post 

Office Square, Suite 100 (OEP05–2), 

Boston, MA 02109–3912. Such 

deliveries are only accepted during the 

Regional Office’s normal hours of 

operation. The Regional Office’s official 

hours of business are Monday through 

Friday, 8:30 to 4:30, excluding legal 

holidays. 

Please see the direct final rule which 

is located in the Rules Section of this 

Federal Register for detailed 

instructions on how to submit 

comments. EPA will forward copies of 

all submitted comments to the Rhode 

Island Department of Environmental 

Management. 

FOR FURTHER INFORMATION CONTACT: 

Susan Lancey, Air Permits, Toxics and 

Indoor Programs Unit, Office of 

Ecosystem Protection, U.S. 

Environmental Protection Agency, EPA 

New England Regional Office, Five Post 

Office Square, Suite 100 (OEP05–2), 

Boston, MA 02109–3912, telephone 

number (617) 918–1656, fax number 

(617) 918–0656, e-mail 

lancey.susan@epa.gov. 

SUPPLEMENTARY INFORMATION: In the 

Final Rules Section of this Federal 

Register, EPA is approving the State of 

Rhode Island’s Section 112(l) submittal 

as a direct final rule without prior 

proposal because the Agency views this 

as a noncontroversial submittal and 

anticipates no adverse comments. A 

detailed rationale for the approval is set 

forth in the direct final rule. If no 

adverse comments are received in 

response to this action rule, no further 

activity is contemplated. If EPA receives 

adverse comments, the direct final rule 

will be withdrawn and all public 

comments received will then be 

addressed in a subsequent final rule 

based on this proposed rule. EPA will 

not institute a second comment period. 

Any parties interested in commenting 

on this action should do so at this time. 

Please note that if EPA receives adverse 


hsrobinson on DSK69SOYB1PROD with PROPOSALS-1