Federal Register / Vol. 76, No. 200 / Monday, October 17, 2011 / Rules and Regulations 64015 

directs the EPA to use voluntary 

consensus standards in its regulatory 

activities unless to do so would be 

inconsistent with applicable law or 

otherwise impractical. Voluntary 

consensus standards are technical 

standards (e.g., materials specifications, 

test methods, sampling procedures, and 

business practices) that are developed or 

adopted by voluntary consensus 

standards bodies. NTTAA directs the 

EPA to provide Congress, through OMB, 

explanations when the Agency decides 

not to use available and applicable 

voluntary consensus standards. 

This change to 40 CFR part 2 is 

administrative in nature and does not 

involve technical standards. Therefore, 

the EPA did not consider the use of any 

voluntary consensus standards. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order 12898 (59 FR 7629, 

February 16, 1994) establishes federal 

executive policy on environmental 

justice. Its main provision directs 

federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. 

The EPA has determined that the 

direct final action will not have 

disproportionately high and adverse 

human health or environmental effects 

on minority or low-income populations 

because the correction noted does not 

affect the level of protection provided to 

human health or the environment. The 

change to 40 CFR part 2 is 

administrative in nature and therefore 

does not affect the level of protection 

provided to human health or the 

environment. 

K. Congressional Review Act 

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. The EPA will 

submit a report containing this rule and 

other required information to the U.S. 

Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the U.S. 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). This 

rule will be effective December 1, 2011. 

List of Subjects in 40 CFR Part 2 

Environmental protection, 

Administrative practice and procedure, 

Reporting and recordkeeping 

requirements. 

Dated: October 11, 2011. 

Lisa P. Jackson, 

Administrator. 

For the reasons stated in the 

preamble, title 40, chapter I, of the Code 

of Federal Regulations is amended as 

follows: 

PART 2—[AMENDED] 

■ 1. The authority citation for part 2 

continues to read as follows: 

Authority: 5 U.S.C. 301, 552 (as amended), 

553; sec. 114, Clean Air Act (as amended) (42 

U.S.C. 7414). 

Subpart B—[Amended] 

§ 2.301 [Amended] 

■ 2. Section 2.301 is amended by: 

■ a. In paragraph (d)(1) introductory 

text, revising the phrase ‘‘pursuant to 

section 114(c) of the Clean Air Act and 

5 U.S.C. 553(c)’’ to read ‘‘pursuant to 

sections 114(c) and 307(d) of the Clean 

Air Act’’. 

■ b. In the first sentence of paragraph 

(d)(2), revising the phrase ‘‘pursuant to 

section 114(c) of the Clean Air Act and 

5 U.S.C. 553(c)’’ to read ‘‘pursuant to 

sections 114(c) and 307(d) of the Clean 

Air Act’’. 

■ c. In the first sentence of paragraph 

(d)(3), revising the phrase ‘‘pursuant to 

section 114(c) of the Clean Air Act and 

5 U.S.C. 553(c)’’ to read ‘‘pursuant to 

sections 114(c) and 307(d) of the Clean 

Air Act’’. 

■ d. In the second sentence of paragraph 

(d)(4) introductory text, revising the 

phrase ‘‘pursuant to section 114(c) of 

the Clean Air Act and 5 U.S.C. 553(c)’’ 

to read ‘‘pursuant to sections 114(c) and 

307(d) of the Clean Air Act’’. 

■ e. In paragraph (d)(4)(i), revising the 

phrase ‘‘pursuant to section 114(c) of 

the Clean Air Act and 5 U.S.C. 553(c)’’ 

to read ‘‘pursuant to sections 114(c) and 

307(d) of the Clean Air Act’’. 

[FR Doc. 2011–26766 Filed 10–14–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2011–0610; FRL–9479–4] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Maryland; Adoption of Control 

Techniques Guidelines for Drum and 

Pail Coatings 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving a State 

Implementation Plan (SIP) revision 

submitted by the State of Maryland. 

This SIP revision includes amendments 

to the Code of Maryland (COMAR) 

26.11.19.13, Volatile Organic 

Compounds from Specific Processes, 

Drum and Pail Coating. Maryland’s SIP 

revision meets the requirement to adopt 

Reasonably Available Control 

Technology (RACT) for sources covered 

by EPA’s Control Techniques 

Guidelines (CTG) standards for drum 

and pail coatings and will help 

Maryland attain and maintain the 

National Ambient Air Quality Standard 

(NAAQS) for ozone. EPA is approving 

this revision concerning the adoption of 

the CTG requirements for drum and pail 

coatings in accordance with the 

requirements of the Clean Air Act 

(CAA). 

DATES: Effective Date: This final rule is 

effective on November 16, 2011. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2011–0610. All 

documents in the docket are listed in 

the http://www.regulations.gov website. 

Although listed in the electronic docket, 

some information is not publicly 

available, i.e., confidential business 

information (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 through 

http://www.regulations.gov or in hard 

copy for public inspection 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. 


rmajette on DSK29S0YB1PROD with RULES
64016 Federal Register / Vol. 76, No. 200 / Monday, October 17, 2011 / Rules and Regulations 

FOR FURTHER INFORMATION CONTACT: 

Irene Shandruk, (215) 814–2166, or by 

e-mail at shandruk.irene@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Section 182(b)(2) of the CAA, 42 

U.S.C. 7511a(b)(2), requires that states 

having moderate nonattainment areas 

for ozone revise their SIP to include 

provisions requiring the implementation 

of RACT for certain sources, including 

categories of volatile organic compound 

(VOC) sources covered by a CTG 

document issued by the Administrator 

between November 15, 1990 and the 

date of attainment. EPA originally 

developed CTG standards for 

miscellaneous metal and plastic 

products in 1978, which includes drum 

and pail coating, and revised them in 

2008. Maryland subsequently made 

changes to its SIP which adopted EPA’s 

CTG standards for drum and pail 

coatings. The formal SIP revision was 

submitted by Maryland to EPA on June 

22, 2011. On August 18, 2011 (76 FR 

51314), EPA published a notice of 

proposed rulemaking (NPR) for 

Maryland. The NPR proposed approval 

of Maryland’s SIP revision for adoption 

of the CTG standards for drum and pail 

coatings. No comments were received 

on the NPR. 

II. Summary of SIP Revision 

On June 22, 2011, the Maryland 

Department of the Environment (MDE) 

submitted to EPA a SIP revision (#11– 

04) concerning the adoption of the 

emission limits for drum and pail 

coatings, part of the EPA miscellaneous 

metal and plastic parts coatings CTG. 

EPA develops CTGs as guidance on 

control requirements for source 

categories. States can follow the CTGs or 

adopt more restrictive standards. The 

State of Maryland has adopted EPA’s 

CTG standards for drum and pail 

coatings. This regulation is found in 

COMAR 26.11.19, Volatile Organic 

Compounds from Specific Processes. 

Specifically, this revision amends the 

existing regulation at Section 

26.11.19.13 by making it specific to 

drum and pail coating processes and 

adopting emission limits (Table 1) for 

this industry. 

TABLE 1—DRUM AND PAIL COATING STANDARDS

Coating types 

lbs VOC/gallon 

coating (minus 

water) 

kg VOC/liter 

coating (minus 

water) 

New, Exterior ................................................................................................................................................... 2.8 0.34 

New, Interior .................................................................................................................................................... 3.5 0.42 

Reconditioned, Exterior ................................................................................................................................... 3.5 0.42 

Reconditioned, Interior ..................................................................................................................................... 4.2 0.50 

Other specific requirements 

concerning this rulemaking and the 

rationale for EPA’s action are explained 

in the NPR and the Technical Support 

Document (TSD) and will not be 

restated here. No public comments were 

received on the NPR. 

III. Final Action 

EPA is approving Maryland’s 

adoption of the CTG requirements for 

drum and pail coatings as a revision to 

the Maryland SIP. 

IV. Statutory and Executive Order 

Reviews 

A. General Requirements 

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 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 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 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). 


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Federal Register / Vol. 76, No. 200 / Monday, October 17, 2011 / Rules and Regulations 64017 

C. Petitions for Judicial Review 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by December 16, 2011. 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. This action 

concerning Maryland’s adoption of CTG 

standards for drum and pail 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: October 5, 2011. 

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 26.11.19.13 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 

*******

26.11.19.13 ............... Drum and Pail Coating .......................................... 5/16/11 10/17/11 [Insert page 

number where the 

document begins].

Revisions to Section title 

and Sections .13A, 

.13B, and .13C and 

addition of new Section .13D. 

* * * * * * * 

* * * * * 

[FR Doc. 2011–26639 Filed 10–14–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[SC–201152; FRL–9480–3] 

Approval and Promulgation of Air 

Quality Implementation Plans; South 

Carolina; Update to Materials 

Incorporated by Reference; Correction 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; correcting 

amendment. 

SUMMARY: On April 25, 2011, EPA 

published a final rule providing the 

public with notice of the update to the 

South Carolina State Implementation 

Plan (SIP) compilation. This action 

corrects typographical errors in the 

regulatory language in EPA’s April 25, 

2011, final rule. 

DATES: This action is effective October 

17, 2011. 

ADDRESSES: Copies of the 

documentation used in the action being 

corrected are available for inspection 

during normal business hours at the 

following location: U.S. Environmental 

Protection Agency, Region 4, 61 Forsyth 

Street, SW., Atlanta, Georgia 30303– 

8960. The Regional Office’s official 

hours of business are Monday through 

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

holidays. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Lynorae Benjamin, Chief, Regulatory 

Development Section, Air Planning 

Branch, Air, Pesticides and Toxics 

Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. Ms. 

Benjamin can be reached at 404–562– 

9040, or via electronic mail at 

benjamin.lynorae@epa.gov. 

SUPPLEMENTARY INFORMATION: This 

action corrects typographical errors in 

the regulatory language for several 

entries that appear in paragraphs (c) and 

(e) of South Carolina’s Identification of 

Plan at 40 CFR 52.2120. The final 

action, which provided the public with 

notice of the update to the South 

Carolina SIP compilation, was approved 

by EPA on April 25, 2011 (76 FR 22817). 

However, EPA inadvertently cited, 

incorrect State effective dates, EPA 

approval dates, and Federal Register 

notice citations. Therefore, EPA is 

correcting these typographical errors by 

inserting the correct entries into 

paragraphs (c) and (e) of 40 CFR 

52.2120. 

EPA has determined that today’s 

action falls under the ‘‘good cause’’ 

exemption in section 553(b)(3)(B) of the 

Administrative Procedure Act (APA) 

which, upon finding ‘‘good cause,’’ 

authorizes agencies to dispense with 

public participation where public notice 

and comment procedures are 

impracticable, unnecessary, or contrary 

to the public interest. Public notice and 

comment for this action are unnecessary 

because today’s action to correct 

inadvertent errors contained in 

paragraphs (c) and (e) of 40 CFR 52.2120 

of the rulemaking and has no 

substantive impact on EPA’s April 25, 

2011, approval. In addition, EPA can 

identify no particular reason why the 

public would be interested in being 

notified of the correction, or in having 

the opportunity to comment on the 

correction prior to this action being 

finalized, since this correction action 

does not change the meaning of EPA’s 

action to approve the changes to 


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