59084 Federal Register / Vol. 75, No. 186 / Monday, September 27, 2010 / Rules and Regulations 

* * * * * 

[FR Doc. 2010–23987 Filed 9–24–10; 8:45 am] 

BILLING CODE 6560–50–P 

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: pino.maria@epa.gov. 

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 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– 

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 wentworth.ellen@epa.gov. 

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 nonwoven polymer substrates for use in 

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Federal Register / Vol. 75, No. 186 / Monday, September 27, 2010 / Rules and Regulations 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: 

Paper, film, and foil coatings 

Emission standard (ratio) 

lb VOC/lb solids 

or 

kg VOC/kg solids 

lb VOC/lb coating 

or 

kg VOC/kg 

coating 

Paper Film, and Foil Coating other than a Pressure Sensitive Tape and Label Surface Coating ............. 0.40 0.08 

Pressure Sensitive Tape and Label Surface Coating ................................................................................. 0.20 0.06 

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 

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59086 Federal Register / Vol. 75, No. 186 / Monday, September 27, 2010 / Rules and Regulations 

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. 

■ 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 revising the entry for 

COMAR 26.11.19.07 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 

*******

26.11.19.07 ............. Paper, fabric, vinyl and other 

plastic parts coating.

4/19/10 9/27/10 [Insert page number 

where the document begins].

Revisions to Section .07A, .07B 

and the addition of new Section 

.07D. 

*******

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[FR Doc. 2010–23980 Filed 9–24–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2010–0484; FRL–9205–9] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Maryland; Adoption of Control 

Techniques Guidelines for Flexible 

Packaging Printing 

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 includes amendments to 

Maryland’s regulation for Volatile 

Organic Compounds from Specific 

Processes, and meets the requirement to 

adopt Reasonably Available Control 

Technology (RACT) for sources covered 

by EPA’s Control Techniques 

Guidelines (CTG) standards for flexible 

packaging printing. These amendments 

will reduce emissions of volatile organic 

compound (VOC) emissions from 

flexible packaging printing. Therefore, 

this revision will help Maryland attain 

and maintain the national ambient air 

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