ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2010-0525; FRL- ]

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 [Insert date 60 days after publication in the Federal Register] 

without further notice, unless EPA receives adverse written comment by [Insert date 30 days 

after publication in the Federal Register]. 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-OAR2010-0525 by one of the following methods:
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A. 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 previously-listed 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 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 www.regulations.gov or 

e-mail. The www.regulations.gov website is an Aanonymous 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 

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 
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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 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 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 email 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 
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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, 
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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 non-woven polymer substrates for use in 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 
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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
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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 AProposed 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 [Insert date 60 days from date of publication in 

the Federal Register] without further notice unless EPA receives adverse comment by [Insert date 

30 days from date of publication in the Federal Register]. 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, 
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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 (Public Law 

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 
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 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 [Insert date 60 days from

date of publication of this document in the Federal Register]. Filing a petition for 
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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.

_September 7, 2010____ __________/s/_______________

Dated: W. C. Early, Acting

 Regional Administrator,

 Region III.
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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 VB 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 [Insert Federal 

Register

publication date)

[Insert page 

number where the 

document begins]

Revisions to Section 

.07A, .07B and the 

addition of new 

Section .07D

* * * * * * *

* * * * *