Federal Register / Vol. 76, No. 161 / Friday, August 19, 2011 / Proposed Rules 51925 

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 

concerning Maryland’s adoption of CTG 

standards for plastic parts and business 

machines coatings 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, Incorporation by 

reference, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

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

Dated: August 3, 2011. 

W.C. Early, 

Acting Regional Administrator, Region III. 

[FR Doc. 2011–21279 Filed 8–18–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2011–0491; EPA–R03– 

OAR–2011–0570; FRL–9453–5] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Maryland; Adhesives and Sealants 

Rule 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

State Implementation Plan (SIP) 

revisions submitted by the State of 

Maryland. These SIP revisions pertain 

to amendments to Maryland’s rule for 

the control of volatile organic 

compound (VOC) emissions from 

chemical production and 

polytetrafluoroethylene (PTFE) 

operations, from paint, resin, and 

adhesive manufacturing, and from 

adhesive and sealant application. These 

SIP revisions also pertain to an addition 

of a new regulation for the control of 

VOC emissions from adhesives and 

sealants. This action is being taken 

under the Clean Air Act (CAA). 

DATES: Written comments must be 

received on or before September 19, 

2011. 

ADDRESSES: Submit your comments, 

identified by Docket ID Numbers EPA– 

R03–OAR–2011–0491 and EPA–R03– 

OAR–2011–0570 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–2011–0491 

and EPA–R03–OAR–2011–0570, 

Cristina Fernandez, 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 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 Nos. EPA–R03–OAR–2011– 

0491 and EPA–R03–OAR–2011–0570. 

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: Rose 

Quinto, (215) 814–2182, or by e-mail at 

quinto.rose@epa.gov. 

SUPPLEMENTARY INFORMATION: On April 

18, 2008, the Maryland Department of 

the Environment (MDE) submitted 

revisions to its SIP (Maryland SIP #08– 

02) regarding the control of VOC 

emissions from PTFE operations 

(amending Regulation .30 under 

COMAR 26.11.19) and from adhesives 

and sealants operations (adding 

Regulations .01–.07 under a new 

chapter, COMAR 26.11.35). On May 28, 

2009, MDE submitted another revision 

to its SIP (Maryland SIP #09–01) 

amending Regulation .01 under COMAR 

26.11.35. In addition, on April 23, 2010, 

EPA received a SIP revision (Maryland 

SIP #10–06) amending the control of 

VOC emissions from paint, resin, and 

adhesive manufacturing and adhesive 

and sealant application (Regulations 

.15A and .15C(4) under COMAR 

26.11.19). 

The SIP revisions consist of the 

following: 

A. Amendments to Regulation .30, 

Control of Volatile Organic Compounds 

From Chemical Production and 

Polytetrafluoroethylene Operations 

Under COMAR 26.11.19 (Volatile 

Organic Compounds From Specific 

Processes) 

COMAR 26.11.19.30 (Control of 

Volatile Organic Compounds from 

Chemical Production and 

Polytetrafluoroethylene Operations) is 

in the Maryland SIP. (See 40 CFR 

52.1070(c) and 68 FR 33000, June 3, 

2003). COMAR 26.11.19.30 sets 

reasonably available control technology 

(RACT) for: (1) Organic chemical 

installations which are process 

equipment that operate independently 

or in combination with other equipment 

reactors, distillation columns, 

evaporators, strippers and other similar 


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51926 Federal Register / Vol. 76, No. 161 / Friday, August 19, 2011 / Proposed Rules 

chemical processing equipment to 

produce a single chemical intermediate 

or final product; (2) process equipment 

for the production of inorganic 

chemicals when associated with drying 

or product treatment equipment that 

involves the use of VOCs; and (3) 

installations that treat PTFE so that its 

shape or form is permanently changed 

and that result in VOC emissions into 

the air but excluding installations that 

apply a coating to PTFE or a PTFE 

product. 

The amendments change the 

definition of PTFE to fluoropolymer 

material (FPM), and therefore replacing 

PTFE to FPM throughout COMAR 

26.11.19.30. The amendments also 

specify that a person who owns or 

operates an installation subject to the 

requirements of COMAR 26.11.19.30 

will not be subject to COMAR 26.11.35 

(Control of VOC Emissions from 

Adhesives and Sealants) provided that 

monthly records are maintained which 

demonstrate that VOC emissions from 

the application of all adhesives, 

sealants, adhesive primers, and sealant 

primers do not exceed 400 pounds per 

year; and adhesive manufacturing does 

not exceed 200 pounds per year. 

B. Addition of COMAR 26.11.35 

(Control of VOC Emissions From 

Adhesives and Sealants) 

The Ozone Transport Commission 

(OTC) States developed a Model Rule 

‘‘OTC Model Rule For Adhesives and 

Sealants’’ dated 2006 which was based 

on the 1998 California Air Resources 

Board (CARB) RACT determination. 

This RACT determination applied to 

both the manufacture and use of 

adhesives, sealants, adhesive primers or 

sealant primers, in both industrial and 

manufacturing facilities and in the field. 

California Air Districts used this 

determination to develop regulations for 

this category. EPA addressed this source 

category with a Control Techniques 

Guideline (CTG) document for 

Miscellaneous Industrial Adhesives 

dated September 2008. This CTG was 

developed in response to section 183(e) 

of the CAA requirement for EPA to 

study and regulate consumer and 

commercial products, which is included 

in EPA’s Report to Congress, ‘‘Study of 

Volatile Organic Compound Emissions 

from Consumer and Commercial 

Products—Comprehensive Emissions 

Inventory.’’ The section 183(e) 

miscellaneous industrial adhesives 

category was limited to adhesives and 

adhesive primers used in industrial and 

manufacturing operations and did not 

include products applied in the field. 

Therefore, the OTC Model Rule and 

State efforts in developing individual 

regulations preceded EPA’s CTG for this 

source category and were broader in 

applicability. 

The new Chapter COMAR 26.11.35 

adds new regulations that: (a) Set 

standards for the application of 

adhesives, sealants, adhesive primers, 

and sealant primers by providing 

options for appliers either to use a 

product with a VOC content equal to or 

less than a specified limit or to use addon controls; (b) establish standards for 

cleanup solvents; (c) establish a VOC 

limit for surface preparation solvents; 

(d) provide for an alternative add-on 

control system requirement of at least 85 

percent overall control efficiency 

(capture and destruction), by weight; (e) 

provide exemptions for certain 

operations such as medical and defense 

equipment manufacturing and for small 

containers; (f) require simplified records 

of materials used and VOC content to be 

maintained for 5 years, with more 

detailed records required for 

noncompliant products on material 

usage from persons who qualify for 

exemptions; (g) require that VOCcontaining materials must be stored or 

disposed of in closed containers; (h) 

content limits; (i) require manufacturers 

to label containers with the maximum 

VOC content as supplied, as well as the 

maximum VOC content on an asapplied basis when used in accordance 

with the manufacturer’s 

recommendations regarding thinning, 

reducing, or mixing with any other VOC 

containing material; and (j) prohibit the 

specification of any adhesive, primer, or 

sealant that violates the provisions of 

the proposed regulations. 

C. Amendments to Regulation .01 

Under COMAR 26.11.35 

These amendments exempt 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 

for the years 2009, 2010 and 2011. In 

2012, the standards for VOC content for 

these materials are applicable 

throughout the year. 

D. Amendments to Regulation .15 

(Paint, Resin, and Adhesive 

Manufacturing and Adhesive and 

Sealant Application) Under COMAR 

26.11.19, Regulations .15A and .15C(4) 

The following definitions were added 

to Regulation .15A: sealant, sealant 

application, and specialty electronic 

systems and subsystems for defense and 

homeland security. Amendments to 

Regulation .15C(4) repeal the general 

emission standard for adhesives, and 

establishes a RACT emission limitation 

for specialty electronic systems and 

subsystems for defense and homeland 

security. The amendments limit the 

discharge into the atmosphere to not 

more than 25 pounds per day of VOC 

from adhesive and sealant application, 

averaged over a monthly period. 

A detailed summary of EPA’s review 

of and rationale for proposing to 

approve this SIP revision may be found 

in the Technical Support Document 

(TSD) for this action which is available 

on line at http://www.regulations.gov, 

Docket numbers EPA–R03–OAR–2011– 

0491 and EPA–R03–OAR–2011–0570. 

III. Proposed Action 

EPA is proposing to approve the 

Maryland SIP revision amending 

COMAR 26.11.19.30 ‘‘Control of 

Volatile Organic Compounds from 

Chemical Production and 

Polytetrafluoroethylene Operations’’ 

and adding COMAR 26.11.35 ‘‘Control 

of VOC Emissions from Adhesives and 

Sealants.’’ EPA is also proposing to 

approve the Maryland SIP revisions 

amending Regulation .01 under COMAR 

26.11.35 and Regulations .15A and 

.15C(4) under COMAR 26.11.19.15 

‘‘Paint, Resin, and Adhesive 

Manufacturing and Adhesive and 

Sealant Application.’’ 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 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 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.); 


wreier-aviles on DSKDVH8Z91PROD with PROPOSALS
Federal Register / Vol. 76, No. 161 / Friday, August 19, 2011 / Proposed Rules 51927 

• 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 proposed rule, 

pertaining to Maryland’s control of 

VOCs from adhesives and sealants, 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, Incorporation by 

reference, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

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

Dated: August 8, 2011. 

W.C. Early, 

Acting Regional Administrator, Region III. 

[FR Doc. 2011–21272 Filed 8–18–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2011–0474; FRL–9453–4] 

Approval and Promulgation of Air 

Quality Implementation Plans; West 

Virginia; Determination of Clean Data 

for the 2006 Fine Particulate Standard 

for the Charleston Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to 

determine that the Charleston, West 

Virginia nonattainment area for the 2006 

fine particulate matter (PM2.5) National 

Ambient Air Quality Standard (NAAQS) 

has clean data for the 24-hour 2006 

PM2.5 NAAQS. This proposed 

determination is based upon quality 

assured, quality controlled, and certified 

ambient air monitoring data showing 

that this area has monitored attainment 

of the 2006 PM2.5 NAAQS based on the 

2007–2009 data and data available to 

date for 2010 in EPA’s Air Quality 

System (AQS) database that show the 

area continues to attain. If this proposed 

determination is made final, the 

requirements for this area to submit an 

attainment demonstration, associated 

reasonably available control measures, a 

reasonable further progress plan, 

contingency measures, and other 

planning State Implementation Plans 

(SIPs) related to attainment of the 

standard shall be suspended for so long 

as the area continues to meet the 

24-hour 2006 PM2.5 NAAQS. 

DATES: Written comments must be 

received on or before September 19, 

2011. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2011–0474 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–2011–0474, 

Cristina Fernandez, 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 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–2011– 

0474. 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. 

FOR FURTHER INFORMATION CONTACT: 

Asrah Khadr, (215) 814–2071, or by email at Khadr.Asrah@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. 

The following outline is provided to 

aid in locating information in this 

preamble. 

I. What action is EPA taking? 

II. What is the effect of this action? 

III. What is the Background for this action? 

IV. What is EPA’s analysis of the relevant air 

quality data? 

V. Proposed Action 

VI. Statutory and Executive Order Reviews 

I. What action is EPA taking? 

EPA is proposing to determine that 

Charleston, West Virginia PM2.5

nonattainment area has clean data for 

the 24-hour 2006 PM2.5 NAAQS. This 


wreier-aviles on DSKDVH8Z91PROD with PROPOSALS