Federal Register / Vol. 76, No. 160 / Thursday, August 18, 2011 / Proposed Rules 51311 

Excise Taxes. Part 51 provides guidance 

on the annual fee imposed on covered 

entities engaged in the business of 

manufacturing or importing branded 

prescription drugs by section 9008 of 

the ACA. The text of those regulations 

also serves as the text of these proposed 

regulations. The preamble to the 

temporary regulations explains the new 

part. 

Special Analyses 

It has been determined that this notice 

of proposed rulemaking is not a 

significant regulatory action as defined 

in Executive Order 12866, as 

supplemented by Executive Order 

13563. Therefore, a regulatory flexibility 

assessment is not required. It also has 

been determined that section 553(b) of 

the Administrative Procedure Act (5 

U.S.C. chapter 5) does not apply to these 

regulations. It is hereby certified that the 

collection of information in these 

regulations will not have a significant 

economic impact on a substantial 

number of small entities. This 

certification is based on the fact that 

these regulations primarily affect large 

corporations. Thus, Treasury 

Department and the IRS do not expect 

a substantial number of small entities to 

be effected. Therefore, a Regulatory 

Flexibility Analysis under the 

Regulatory Flexibility Act (5 U.S.C. 

chapter 6) is not required. Pursuant to 

section 7805(f) of the Internal Revenue 

Code, this notice of proposed 

rulemaking has been submitted to the 

Chief Counsel for Advocacy of the Small 

Business Administration for comment 

on its impact on small business. 

Comments and Requests for a Public 

Hearing 

Before these proposed regulations are 

adopted as final regulations, 

consideration will be given to any 

written comments (a signed original and 

eight (8) copies) or electronic comments 

that are submitted timely to the IRS. 

Comments are requested on all aspects 

of the proposed regulations. In addition, 

the IRS and the Treasury Department 

specifically request comments on the 

clarity of the proposed regulations and 

how they may be made easier to 

understand. All comments will be 

available for public inspection and 

copying. A public hearing may be 

scheduled if requested in writing by any 

person that timely submits written 

comments. If a public hearing is 

scheduled, notice of the date, time, and 

place for the hearing will be published 

in the Federal Register. 

Drafting Information 

The principal author of these 

regulations is Celia Gabrysh, Office of 

Associate Chief Counsel (Passthroughs 

and Special Industries). However, other 

personnel from the IRS and the Treasury 

Department participated in their 

development. 

List of Subjects in 26 CFR Part 51 

Drugs, Reporting and recordkeeping 

requirements. 

Proposed Amendments to the 

Regulations 

Accordingly, and under the authority 

of 26 U.S.C. 7805 (sec. 9008, Pub. L. 

111–347 (124 Stat. 119)), 26 CFR part 51 

is proposed to be added to read as 

follows: 

PART 51—BRANDED PRESCRIPTION 

DRUGS 

[The text of proposed §§ 51.1 through 

51.11 is the same as the text of §§ 51.1T 

through 51.11T published elsewhere in 

this issue of the Federal Register.] 

[The text of proposed § 51.6302–1 is 

the same as the text of paragraphs (a) 

and (b) of § 51.6302–1T published 

elsewhere in this issue of the Federal 

Register.] 

Sarah Hall Ingram, 

Deputy Commissioner for Services and 

Enforcement. 

[FR Doc. 2011–21012 Filed 8–15–11; 11:15 am] 

BILLING CODE 4830–01–P 

POSTAL REGULATORY COMMISSION 

39 CFR Part 3020 

[Docket No. RM2011–8; Order No. 666] 

Administrative Practice and Procedure, 

Postal Service 

AGENCY: Postal Regulatory Commission. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: A Federal statute directs the 

Commission to implement a modern 

classification system. This proposal 

responds to that directive by presenting 

a comprehensive Mail Classification 

Schedule. Issuance of this document 

will allow the Commission to consider 

comments and, if appropriate, to make 

revisions prior to adoption of a final 

schedule. 

DATES: Comments are due: September 6, 

2011. 

ADDRESSES: Submit comments 

electronically by accessing the ‘‘Filing 

Online’’ link in the banner at the top of 

the Commission’s Web site (http:// 

www.prc.gov) or by directly accessing 

the Commission’s Filing Online system 

at https://www.prc.gov/prc-pages/filingonline/login.aspx. Commenters who 

cannot submit their views electronically 

should contact the person identified in 

the FOR FURTHER INFORMATION CONTACT

section as the source for case-related 

information for advice on alternatives to 

electronic filing. 

FOR FURTHER INFORMATION CONTACT: 

Stephen L. Sharfman, General Counsel, 

at 202–789–6820 (case-related 

information) or DocketAdmins@prc.gov 

(electronic filing assistance). 

SUPPLEMENTARY HISTORY: Regulatory 

History: 

72 FR 29284, May 25, 2007; 

72 FR 33261, June 15, 2007; 

72 FR 50744, September 4, 2007. 

Table of Contents 

I. Introduction 

II. Background 

III. Accessibility of the Mail Classification 

Schedule 

IV. Mail Classification Schedule Structure 

V. Rule Modifications 

VI. Public Representative 

VII. Public Comments 

VIII. Directions for Federal Register 

Publication and Access to Unpublished 

Material 

I. Introduction 

The Postal Regulatory Commission 

(Commission) establishes a rulemaking 

docket pursuant to its responsibilities 

under the Postal Accountability and 

Enhancement Act (PAEA), Public Law 

109–435, 120 Stat. 3198, December 20, 

2006, to consider modifications to the 

Commission’s rules governing the Mail 

Classification Schedule (MCS). 

Modifications are proposed to add 

material describing some Postal Service 

products and make conforming changes. 

The Commission provides this notice 

and opportunity for comment on 

whether the Commission should 

incorporate the proposed modifications 

by final rule into the Commission’s 

rules at 39 CFR 3020, Subpart A—Mail 

Classification Schedule. 

For products currently being offered 

by the Postal Service, this rulemaking 

does not add products to, remove 

products from, or transfer products 

between the existing market dominant 

or competitive product lists. However, 

this rulemaking does reorganize how 

products appear within each individual 

list. This reorganization is most 

apparent within the competitive 

product list where, at the suggestion of 

the Postal Service, the vestiges of 

‘‘class’’ groupings have been replaced 

with functional product groupings. 

Additionally, the currently published 

product lists require updating to remove 

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51312 Federal Register / Vol. 76, No. 160 / Thursday, August 18, 2011 / Proposed Rules 

1 Docket No. RM2007–1. Order Proposing 

Regulations to Establish a System of Ratemaking, 

August 15, 2007, at paras. 4008–9 (Order No. 26). 

2 Docket No. RM2007–1. United States Postal 

Service Submission of Initial Mail Classification 

Schedule in response to Order No. 26, September 

24, 2007. 

3 Docket No. RM2007–1. Order Establishing 

Ratemaking Regulations for Market Dominant and 

Competitive Products, October 29, 2007 (Order No. 

45); see also 72 FR 63662 (November 9, 2007). 

4 Docket No. RM2007–1. United States Postal 

Service Submission of Additional Mail 

Classification Schedule Information in Response to 

Order No. 43, November 20, 2007. 

5 If any substantive discrepancies inadvertently 

appear, the CFR version will govern, until such 

time as both versions again can be made consistent. 

6Special Services is treated as a class for MCS 

purposes. 

products no longer offered (certain 

negotiated service agreements) and 

otherwise to correct for inaccuracies as 

a better understanding of how the Postal 

Service’s product structure has 

developed under the PAEA. This task is 

incorporated into the rulemaking. 

The Commission has consulted with 

the Postal Service as the proposed MCS 

was developed and has found the Postal 

Service’s input invaluable in concisely 

and accurately describing all product 

offerings. 

II. Background 

On August 15, 2007, the Commission 

initiated the process of developing an 

MCS with a request to the Postal Service 

to develop language describing 

individual products.1 The Postal Service 

was requested to draw from existing 

material provided in the Domestic Mail 

Classification Schedule (DMCS) and the 

International Mail Manual to develop a 

model MCS at a comparable level of 

detail as provided in the DMCS. The 

Postal Service complied with this 

request and provided a MCS proposal 

on September 24, 2007.2

An initial MCS was published on 

October 29, 2007.3 This publication met 

the requirements of publishing market 

dominant and competitive product lists 

necessary for operation of the regulatory 

system. However, the initial MCS did 

not include descriptions of individual 

products. 

The publication of the initial product 

lists, which for the first time included 

international products and a division of 

products into market dominant and 

competitive categories, generated a need 

for additional descriptive material to 

more accurately describe the thencurrent state of the product lists. The 

Commission again asked the Postal 

Service to provide additional proposals 

for MCS language. Order No. 26 at 

4002–4. The additional material focused 

on treatment of negotiated service 

agreements, certain international 

products, and the final categorization of 

products as either market dominant or 

competitive. The Postal Service 

complied with this request and 

provided additional proposals on 

November 20, 2007.4

In the interim, the Commission 

developed a ‘‘draft’’ MCS which 

included material describing each 

product. As various market dominant 

product price adjustments, competitive 

product price adjustments, and 

classification changes have been 

reviewed and approved by the 

Commission, the Commission has kept 

this draft version of the MCS up to date. 

Price and classification changes have 

been incorporated into the proposed 

MCS as of December 31, 2010. The 

Commission intends to incorporate any 

subsequently approved rate or 

classification changes that occur prior to 

issuing the final rule in this docket into 

the final rule in this docket. This 

proceeding shall consider formal 

incorporation of all draft material 

describing each market dominant and 

competitive product into the official 

MCS, and conforming language to the 

Commission’s rules governing the MCS. 

III. Accessibility of the Mail 

Classification Schedule 

The Commission intends to make two 

versions of the MCS available. The first 

version will be posted to the 

Commission’s Web site in a format that 

will allow interested persons the ability 

to search and copy sections of the MCS 

for use in Commission proceedings. The 

Postal Service, and others, may find this 

version most convenient for 

communicating proposals to the 

Commission. The second version will 

appear in the Code of Federal 

Regulations (CFR). The organization and 

appearance of the MCS in the CFR will 

be different to meet CFR publication 

requirements. However, there should be 

no difference in substantive material 

between the Web site and the CFR 

versions.5

The electronic documentation 

appearing on the Commission’s Web site 

with this order will contain both 

versions of the MCS. The Commission 

would find it helpful if comments 

addressing the contents of the MCS refer 

to the version of the MCS that will 

appear on the Commission’s Web site. 

IV. Mail Classification Schedule 

Structure 

The revised MCS, as proposed, 

consists of preface material followed by 

four substantive sections. The preface 

material includes a Revision History, 

which is intended to comply with the 

39 U.S.C. 3642(d)(2) requirement to 

‘‘indicate how and when’’ product lists 

are modified, Trademark Notices, and a 

Table of Contents. The four substantive 

sections that follow are titled Part A— 

Market Dominant Products, Part B— 

Competitive Products, Part C—Glossary 

of Terms and Conditions, and Part D— 

Country Price Lists for International 

Mail. 

Part A—Market Dominant Products, is 

divided into two major sections: the 

Market Dominant Product List, and the 

Market Dominant Product Descriptions. 

Both sections retain the ‘‘class’’ 

structure for categorizing products 

developed under the Postal 

Reorganization Act with the classes 

including: First-Class Mail, Standard 

Mail (Commercial and Nonprofit), 

Periodicals, Package Services, and 

Special Services.6 Three new separate 

categories are added to this part to 

contain market dominant Negotiated 

Service Agreements, market dominant 

Nonpostal Services, and market 

dominant Market Tests. International 

products, which did not appear in the 

former DMCS, now are included within 

the appropriate associated class. 

Each class subsection in Part A 

follows a similar structure. The 

individual class subsections first 

provide a description of class-wide 

characteristics and a list of all products 

in the class. This is followed by 

information about each product in the 

class. The individual product 

descriptions generally include the 

following topics in the following order: 

(1) Product description (where 

necessary); (2) size and weight 

limitations; (3) minimum volume 

requirements; (4) price categories; (5) 

optional features; and (6) prices. The 

Special Services subsection requires less 

detail and generally includes the 

following topics in the following order: 

(1) Product description; and (2) prices. 

Part B—Competitive Products also is 

divided into two major sections: the 

Competitive Product List, and the 

Competitive Product Descriptions. As 

originally published in Order No. 43, 

the competitive product list retained a 

class-like structure for organizing 

competitive products. In informal 

discussions, the Postal Service 

appropriately pointed out that a classlike structure has lost much of its 

meaning for competitive products under 

the PAEA. The Postal Service proposed 

that the products in the competitive 

product list be reorganized into three 

subsections: Domestic Products, 

International Products, and Negotiated 

Service Agreements. The proposed 

organization better aligns competitive 

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Federal Register / Vol. 76, No. 160 / Thursday, August 18, 2011 / Proposed Rules 51313 

7All references to August 5, 2011 in Order No. 

666 issued February 7, 2011 will be replaced with 

September 6, 2011. 

products with the separate domestic and 

international business functions of the 

Postal Service. It also allows all 

products that are not of general 

applicability to be grouped within a 

Negotiated Service Agreement section. 

This concept is reflected in the 

proposed MCS. Note that the Negotiated 

Service Agreement subsection is further 

subdivided into Domestic, Outbound 

International, and Inbound 

International. Two additional separate 

subsections are added to this part, one 

for competitive Special Services, and 

one for competitive Nonpostal Services. 

Part B has a similar structure to Part 

A, except that class separations are not 

made in competitive products. Thus, 

there is no need for class descriptions. 

Each subsection contains a list of all 

products appearing within that heading. 

Descriptions applicable to several 

related products are provided where 

appropriate. This is followed by 

information about each product in the 

subsection. The product descriptions 

generally include the following topics in 

the following order: (1) Product 

description (where necessary); (2) size 

and weight limitations; (3) minimum 

volume requirements; (4) price 

categories; (5) optional features; and (6) 

prices. The competitive Special Services 

subsection requires less detail and 

generally includes the following topics 

in the following order: (1) Product 

description; and (2) prices. Note that 

many of the Negotiated Service 

Agreement products merely reference 

the product name, associated dockets, 

PRC order numbers, and termination 

dates due to the confidential nature of 

these agreements. 

Part C—Glossary of Terms and 

Conditions is self explanatory. Part D— 

Country Price Lists for International 

Mail contains the country codes used to 

identify individual countries in the 

various international product price lists 

appearing in Parts A and B. 

V. Rule Modifications 

The Commission’s rules concerning 

the MCS currently are codified at 39 

CFR 3020, Subpart A—Mail 

Classification Schedule. The existing 

MCS itself is codified at Appendix A to 

Subpart A—Mail Classification 

Schedule of 39 CFR 3020. 

This rulemaking proposes changes to 

the rules governing the MCS and 

replaces the existing Appendix A with 

four more administratively manageable 

appendices. The intent of the rule 

changes are to incorporate the market 

dominant product list and the 

competitive product list into the 

Commission’s rules so that the lists are 

prominently available for examination, 

and to incorporate the majority of the 

material describing individual products 

into four appendices. 

Rule 3020.2 General (old rule 

3020.10) is revised to describe the 

proposed new format of the MCS. 

Rule 3020.11 Initial Mail 

Classification Schedule is being deleted. 

It only was applicable to the initial MCS 

that is now being replaced. 

Rule 3020.3 Publication of the Mail 

Classification Schedule (old rule 

3020.12), paragraph (a), is revised to 

indicate that the MCS is being 

incorporated into the rules themselves, 

i.e., the MCS no longer will be 

contained solely in Appendix A. 

Paragraph (b) is modified to indicate 

that the Commission only will be 

making the most recent version of the 

MCS available to the public. With 

almost weekly revisions to the MCS, it 

would be administratively burdensome, 

and confusing to the public, to make 

multiple, mainly outdated, versions 

readily available. In any event, all 

changes will be published in the 

Federal Register for interested persons 

to reference if the need arises to 

reconstruct earlier versions. 

Rule 3020.4 Notice of change (old rule 

3020.14) is revised to indicate that any 

changes to the material describing 

products will cause notice to be 

published in the Federal Register. 

Rule 3020.5 Contents of the Mail 

Classification Schedule (old rule 

3020.13) will contain the MCS. The 

same information contained within the 

MCS version proposed to appear on the 

Commission’s Web site will be divided 

among paragraphs (b) through (h) of this 

rule. 

Paragraph (b) will provide a revision 

history as required by 39 U.S.C. 

3642(d)(2). 

Paragraph (c) will provide trademark 

notices. 

Paragraph (d) will provide a table of 

contents by section numbers. The 

section numbers will correspond to the 

section numbers appearing in the 

Appendices. 

Paragraph (e) will provide 

information concerning market 

dominant products. This paragraph is 

divided into (e)(1), which contains the 

list of market dominant products, and 

(e)(2), which specifies the market 

dominant product descriptive 

information that is to be provided and 

references Appendix A where that 

information is provided. 

Paragraph (f) will provide information 

concerning competitive products. This 

paragraph is divided into (f)(1), which 

contains the list of competitive 

products, and (f)(2), which specifies the 

competitive product descriptive 

information that is to be provided and 

references Appendix B where that 

information is provided. 

Paragraph (g) references Appendix C, 

which provides a glossary of terms of 

conditions. 

Paragraph (h) references Appendix D, 

which provides the country price lists 

for international mail. 

The four appendices will contain the 

majority of the descriptive material. 

Appendix A will contain the 

description of market dominant 

products. This corresponds to Part A, 

Section 1001, Market Dominant Product 

Descriptions provided in the proposed 

Web version of the MCS. Appendix B 

will contain the description of 

competitive products. This corresponds 

to Part B, Section 2001, Competitive 

Product Descriptions provided in the 

proposed Web version of the MCS. 

Appendix C will contain a glossary of 

terms and conditions. This corresponds 

to Part C, Section 3000, Glossary of 

Terms and Conditions provided in the 

proposed Web version of the MCS. 

Appendix D, Section 4000, will contain 

the country price lists for international 

mail. This corresponds to Part D, 

Country Price Lists for International 

Mail provided in the proposed Web 

version of the MCS. 

VI. Public Representative 

Pursuant to 39 U.S.C. 505, Kenneth E. 

Richardson is appointed to serve as 

officer of the Commission (Public 

Representative) to represent the 

interests of the general public in this 

docket. 

VII. Public Comments 

Comments concerning the proposed 

modifications to the MCS by interested 

persons are due September 6, 2011.7

Interested persons previously filing 

comments in response to this Notice 

appearing on the Commission’s Web site 

with an earlier due date may file 

supplemental comments, if necessary. 

All comments previously filed in this 

docket shall be considered and need not 

be re-filed. 

VIII. Directions for Federal Register 

Publication and Access to Unpublished 

Material 

An abbreviated version of this notice 

shall be published in the Federal 

Register. This version shall include the 

material appearing up to the signature of 

this notice. This material includes 

among other items ‘‘a description of the 

subjects and issues involved’’ with the 

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51314 Federal Register / Vol. 76, No. 160 / Thursday, August 18, 2011 / Proposed Rules 

proposed rule as required by 5 U.S.C. 

553(b)(3). 

The abbreviated version shall also 

include pages 1 through 13 of the 

material titled ‘‘Mail Classification 

Schedule’’ appearing after the signature 

in Order No. 666 issued on February 7, 

2011. This material describes the textual 

changes proposed to existing 39 CFR 

part 3020, subpart A. 

As previously stated in paragraph III 

of this notice, all material, including the 

proposed four new appendices, appears 

on the Commission’s Web site. For 

interested persons without access to the 

Internet, a copy of all material is 

available for inspection at the Postal 

Regulatory Commission, 901 New York 

Avenue, NW., Suite 200, Washington, 

DC 20268–0001. Reasonable alternative 

access also may be arranged by 

contacting the Commission’s docket 

section at 202–789–6846. 

It is ordered: 

1. Docket No. RM2011–8 is 

established for the purpose of receiving 

comments on the Commission’s 

proposal. 

2. The Commission proposes to 

amend its rules of practice and 

procedure. The proposed amendments 

involve amending 39 CFR part 3020 

Subpart A—Mail Classification 

Schedule. 

3. Kenneth E. Richardson is 

designated as an officer of the 

Commission representing the interests 

of the general public in this docket. 

4. Interested persons may submit 

comments by September 6, 2011. 

5. The Secretary shall arrange for 

publication of this notice in the Federal 

Register as directed in the body of this 

notice. 

List of Subjects in 39 CFR Part 3020 

Administrative practice and 

procedure, Postal Service. 

By the Commission. 

Ruth Ann Abrams, 

Acting Secretary. 

[FR Doc. 2011–21015 Filed 8–17–11; 8:45 am] 

BILLING CODE 7710–FW–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2011–0610; FRL–9452–9] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Maryland; Adoption of Drum and Pail 

Coating Standards 

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 

Maryland (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) for 

Miscellaneous Metal and Plastic Parts 

Coatings and will help Maryland attain 

and maintain the National Ambient Air 

Quality Standard (NAAQS) for ozone. 

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 Number EPA– 

R03–OAR–2011–0610 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–2011–0610, 

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– 

0610. 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: 

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

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

SUPPLEMENTARY INFORMATION: On June 

22, 2011, the Maryland Department of 

the Environment (MDE) submitted to 

EPA a SIP revision concerning the 

adoption of the drum and pail coating 

standards found in the Miscellaneous 

Metal and Plastic Parts Coatings CTG. 

I. Background 

Section 172(c)(1) of the CAA provides 

that SIPs for nonattainment areas must 

include reasonably available control 

measures (RACM), including RACT 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. 

CTGs are intended to provide state 

and local air pollution control 

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