Federal Register / Vol. 75, No. 188 / Wednesday, September 29, 2010 / Rules and Regulations 59973 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2010–0594; FRL–9208–2] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Maryland; Control of Volatile Organic 

Compound Emissions From Industrial 

Solvent Cleaning Operations 

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 Maryland Department 

of the Environment (MDE). This SIP 

revision consists of an addition to 

Maryland’s Volatile Organic 

Compounds from Specific Processes 

Regulation. MDE has adopted standards 

for industrial solvent cleaning 

operations that satisfy the reasonably 

available control technology (RACT) 

requirements for sources of volatile 

organic compounds (VOCs) covered by 

control techniques guidelines (CTG). 

This amendment reduces VOC 

emissions from industrial solvent 

cleaning operations which will help 

Maryland attain and maintain the 

National Ambient Air Quality Standards 

(NAAQS) for ozone. This action is being 

taken under the Clean Air Act (CAA). 

DATES: This rule is effective on 

November 29, 2010 without further 

notice, unless EPA receives adverse 

written comment by October 29, 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–2010–0594, by one of the 

following methods: 

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

the on-line instructions for submitting 

comments. 

B. E-mail: pino.maria@epa.gov. 

C. Mail: EPA–R03–OAR–2010–0594, 

Maria 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 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– 

0594. 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: 

Jacqueline Lewis, (215) 814–2037, or by 

e-mail at lewis.jacqueline@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Clean Air Act (CAA) section 172(c)(1) 

provides that SIPs for nonattainment 

areas must include ‘‘reasonably available 

control measures’’ (RACM), including 

‘‘reasonably available control 

technology,’’ for sources of emissions. 

Section 182(b)(2)(A) provides that for 

certain nonattainment areas, States must 

revise their SIPs to include RACT for 

sources of VOC emissions covered by a 

CTG document issued after November 

15, 1990 and prior to the area’s date of 

attainment. 

CAA section 183(e) directs EPA to list 

for regulation those categories of 

products that account for at least 80 

percent of the VOC emissions, on a 

reactivity-adjusted basis, from consumer 

and commercial products in areas that 

violate the NAAQS for ozone. The CTG 

is intended to provide state and local air 

pollution control authorities 

information that should assist them in 

determining RACT for VOC from 

industrial cleaning solvents operations. 

In September 2006, EPA published a 

CTG for industrial solvent cleaning 

operations. This CTG lists the cleaning 

operations associated with industrial 

cleaning solvents, identifies the sources 

of VOC emissions from those cleaning 

operations, and describes the emissions 

threshold that applies to this CTG and 

available control options for addressing 

VOC emissions. 

In February 1994, EPA published and 

Alternative Control Techniques (ACT) 

document for industrial cleaning 

solvents. This report describes 

alternative techniques that will reduce 

VOC emissions from those industrial 

cleaning solvents used to remove 

contaminants. The ACT document also 

provides a quantitative overview of 

cleaning solvents used and a model for 

accounting and tracking solvent usage. 

This document is also an appendix to 

the CTG document listed above. 

II. Summary of SIP Revision 

On April 22, 2010, the State of 

Maryland submitted a SIP revision 

(#10–03) to address sources of VOC 

emissions covered by EPA’s CTG: 

Industrial Cleaning Solvents (see EPA 

453/R–06–001, September 2006). This 

SIP revision adds a new regulation .09– 

1 under COMAR 26.11.19 (Volatile 

Organic Compounds from Specific 

Processes). 

COMAR 26.11.19.09–1—Control of 

VOC Emissions from Industrial Solvent 

Cleaning Operations Other Than Cold 

and Vapor Degreasing—affects facilities 

that emit 15 pounds or more per day of 

VOCs (before consideration of controls) 

from the use of industrial solvent 


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59974 Federal Register / Vol. 75, No. 188 / Wednesday, September 29, 2010 / Rules and Regulations 

cleaning operations other then cold and 

vapor degreasing. Exclusions include: 

• Cleaning operations at sources 

subject to any other VOC regulation in 

COMAR 26.11.19: 

• Cleaning of electrical and electric 

components; 

• Cleaning of high precision optics; 

• Stripping; 

• Janitorial cleaning; cleaning of 

resin, coating, ink, and adhesive mixing, 

molding and application equipment; 

• Cleaning operations in research and 

development laboratories; 

• Cleaning operations in medical 

device or pharmaceutical 

manufacturing; and 

• Cleaning operations related to 

performance or quality assurance testing 

of coatings, inks, or adhesives. 

COMAR 26.11.19.09–1 requires the 

vapor pressure of the cleaning solution 

to be less than or equal to 8 millimeters 

of mercury (mm Hg) at 20° C before it 

may be used. This regulation also 

requires the maintenance of monthly 

records of the total solvent material 

used. These records must be made 

available to MDE upon request. 

Facilities affected by this regulation 

must also observe the work practice 

requirements, compliance procedures 

and test methods found in COMAR 

26.11.19.02 (Applicability, Determining 

Compliance, Reporting, and General 

Requirements). 

During the State’s public comment 

period, a comment was received 

opposing the implementation of the 50 

grams VOC per liter limit to digital 

printing operations. The commenter 

stated that the provisions contained in 

COMAR 26.11.19.18F include the use of 

cleaning solvents by digital printing 

operations; therefore digital operations 

should be exempt from this proposed 

regulation. In response Maryland 

concluded that digital printing sources 

are subject to the regulations under 

COMAR 26.11.19.18F, and are therefore 

exempt from the requirements of 

COMAR 26.11.19.09–1. EPA agrees with 

Maryland’s response; since Maryland’s 

definition of Industrial Solvent Cleaning 

Operations includes many exemptions, 

one of which excludes all sources 

subject to the requirements of any other 

VOC regulation in COMAR 26.11.19 

(Volatile Organic Compounds from 

Specific Processes). COMAR 

26.11.19.09–1A(6)(b)(ii), reads as 

follows: Industrial Solvent Cleaning 

Operations does not include cleaning 

operations at sources subject to any 

other VOC regulations in this subtitle. 

III. Final Action 

EPA is approving Maryland’s SIP 

revision because it meets the 

requirement for establishing RACT for 

sources of VOC emissions covered by 

EPA’s Industrial Cleaning Solvents CTG. 

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 29, 2010 without 

further notice unless EPA receives 

adverse comment by October 29, 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 

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 29, 

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 


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Federal Register / Vol. 75, No. 188 / Wednesday, September 29, 2010 / Rules and Regulations 59975 

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 RACT requirements for VOC 

emissions from industrial cleaning 

solvents 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 14, 2010. 

W.C. Early, 

Acting Regional Administrator, Region III. 

■ 40 CFR part 52 is amended as follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart V—Maryland 

■ 2. In § 52.1070, the table in paragraph 

(c) is amended by adding an entry for 

COMAR 26.11.19.09–1 to read as 

follows: 

§ 52.1070 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED REGULATIONS IN THE MARYLAND SIP 

Code of Maryland administrative regulations (COMAR) 

citation 

Title/subject State effective date EPA approval date 

Additional explanation/citation at 40 

CFR 52.1100 

*******

26.11.19 Volatile Organic Compounds from Specific Processes 

*******

26.11.19.09–1 .......... Control of VOC Emissions from Industrial Solvent Cleaning Operations 

Other Than Cold and Vapor 

Degreasing.

4/19/10 9/29/10 [Insert page number where the 

document begins].

New Regulation. 

* * * * * * * 

* * * * * 

[FR Doc. 2010–24421 Filed 9–28–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–HQ–SFUND–2009–0067, EPA–HQ– 

SFUND–2010–0068, EPA–HQ–SFUND–2010– 

0069, EPA–HQ–SFUND–2010–0070, EPA– 

HQ–SFUND–2010–0074, EPA–HQ–SFUND– 

2010–0076; FRL–9207–3] 

RIN 2050–AD75 

National Priorities List, Final Rule 

No. 50 

AGENCY: Environmental Protection 

Agency. 

ACTION: Final rule. 

SUMMARY: The Comprehensive 

Environmental Response, 

Compensation, and Liability Act of 1980 

(‘‘CERCLA’’ or ‘‘the Act’’), as amended, 

requires that the National Oil and 

Hazardous Substances Pollution 

Contingency Plan (‘‘NCP’’) include a list 

of national priorities among the known 

releases or threatened releases of 

hazardous substances, pollutants, or 

contaminants throughout the United 

States. The National Priorities List 

(‘‘NPL’’) constitutes this list. The NPL is 

intended primarily to guide the 

Environmental Protection Agency 

(‘‘EPA’’ or ‘‘the Agency’’) in determining 

which sites warrant further 

investigation. These further 

investigations will allow EPA to assess 

the nature and extent of public health 

and environmental risks associated with 

the site and to determine what CERCLAfinanced remedial action(s), if any, may 

be appropriate. This rule adds six sites 

to the NPL, all to the General Superfund 

Section. 

DATES: Effective Date: The effective date 

for this amendment to the NCP is 

October 29, 2010. 

ADDRESSES: For addresses for the 

Headquarters and Regional dockets, as 

well as further details on what these 

dockets contain, see section II, 

‘‘Availability of Information to the 

Public’’ in the SUPPLEMENTARY

INFORMATION portion of this preamble. 

FOR FURTHER INFORMATION CONTACT: 

Terry Jeng, phone: (703) 603–8852, email: jeng.terry@epa.gov, Site 

Assessment and Remedy Decisions 

Branch; Assessment and Remediation 

Division; Office of Superfund 

Remediation and Technology 

Innovation (mail code 5204P); U.S. 

Environmental Protection Agency; 1200 

Pennsylvania Avenue, NW; Washington, 

DC 20460; or the Superfund Hotline, 

phone (800) 424–9346 or (703) 412– 

9810 in the Washington, DC, 

metropolitan area. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background 

A. What are CERCLA and SARA? 

B. What is the NCP? 

C. What is the National Priorities List 

(NPL)? 

D. How are sites listed on the NPL? 

E. What happens to sites on the NPL? 

F. Does the NPL define the boundaries of 

sites? 

G. How are sites removed from the NPL? 

H. May EPA delete portions of sites from 

the NPL as they are cleaned up? 

I. What is the Construction Completion List 

(CCL)? 

J. What is the Sitewide Ready for 

Anticipated Use Measure? 

II. Availability of Information to the Public 

A. May I review the documents relevant to 

this final rule? 

B. What documents are available for review 

at the Headquarters Docket? 

C. What documents are available for review 

at the regional dockets? 

D. How do I access the documents? 


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