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 Pro tection Agency (EPA). ACTION : Direct final rule. SUMMARY : EPA is taking direct final action to approve a State I mplementation Plan (SI P) revision submitted by

the State of Maryland. This SI P revision pertains to the control of volatile organic compoun d (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 P aper, F ilm, and F oil C oatings
. These amendments will reduce VOC emissi ons from this source category
. T his action is being taken in accordance with the requirements of the Clean Air Act (CAA).

DATES : This rule is effective on [ In sert date 60 day s after publication in the Federal Register] without further not ice, unless EPA receives adverse written comment by [ In sert date 30 day s after publication in the Federal Register] . I f 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 y our comments, identified by Docket I D Number EPA - R03 - OAR 2010 - 0525 b y one of the following methods:2

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. P ino, Acting A ssociate Director , Offic e of Air Program Planning, M ailcode 3AP 30 , U.S. Environmental Protection Agency , Region I II, 1650 Arch Street, Philade lphia, Pennsylvania 19103. D . Hand Delivery : At the previously
- listed EPA Region I II 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 y our comments to Docket I D No. EPA - R03 - OAR - 20 1 0 - 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 in formation provided, unless the comment includes information claimed to be Confidential Business In formation (CBI ) or other information whose disclosure is restricted by statute. Do not submit information that y ou consider to be CBIor otherwise protected through www.regulations.gov or e - mail. The www.regulations.gov website is an A anony mous access @ sy stem, which means EPA will not know y our identity or contact information unless y ou provide it in the body of y our comment. I f y ou send an e
- mail comment di rectly to EPA without going through www.regulations.gov , y our 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 I nternet. I f y ou submit an electronic comment, EP A recommends that y ou include y our name and other contact information in the body

of y our comment and with any disk or CD
- ROM y ou submit. I f EPA3

cannot read y our comment due to technical difficulties and cannot contact you for clarification, EPA may not b e able to consider y our comment. Electronic files should avoid the use of special characters, any

form of encry

ption, and be free of any

defects or viruses.

Docket: All documents in the electronic docket are listed in the www.regulations.gov index. Alth ough 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 copy righted material, is not placed on the Internet and will be publicly availa ble 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 I II, 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) submitt ed a formal4

revision to its SI P. This SI P 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 , C ontrol 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 SI Ps for nonattainment areas must include reasonably

available control measures (RACM), including reasonably available control technology

( RACT ) for sources of emissions. Section 182(b)(2) p rovides that States must revise their ozone SI P 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 ty

pes 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 adopt ed 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,5

film, or foil surfaces in the manufacturing of several major product ty pes for the following industry sectors: pressure sensitive tape and labels (including fabr ic 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 poly mer subs trates 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 paper board not elsewhere classified, folding paperboard boxes, including sanitary boxes, manifold business forms and related products, plastic asceptic packaging, and carbon paper and inked ribbons. Coating s 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
s e ction s .07 A
-- Definitions, and .07 B
-- Applicability , and the addition of a new Section D
-- Emission Standards for Paper, Film, and Foil Product Coating s with VOC Emissions (Potential to Emit) of 25 Tons or Greater Per Year. Since Maryland adopt ed the recomm endations contained in EPA’s 2007 CTG for Paper, Film, and Foil Coatings, these revisions to the Maryland SI P are necessary
. Specifically , t he amendment to COMAR 26.11.19.07 A
-- Definitions, adds the following definitions used in the substantive provisions of the regulation:
c oating line, c oating solids applied, f lash
- off area, p aper, film, and foil product, p aper, film, and6

f oil p roduct c oating, and p ressure sensitive tape and label surface coating. COMAR 26.11.19.07,
s ection .07 B
-- Applicability , has bee n revised to reflect the applicability requirements which are specific to coating lines that have the potential to emit 25 tons per y ear (tpy ) or greater of VOC from this source category . Sources subject to this regulation may either meet VOC emission lim its or use an add
- on emission control device to red uce VOC emissions by

90 percent. In addition, the SI P revision amends COMAR 26.11.19.07 by adding a new S ection .07D
-- Emission Standards for Paper, Film, and Foil Product Coating s with VOC Emissions (Pote ntial 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 0.067

III. Final Action E PA 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 contain ed in EPA’s September, 2007 CTG for Paper, Film, and Foil Coa tings. Implementation of these amendments will result in additional reductions of VOC emissions from this source category . E PA is publishing this rule without prior proposal because the Agency

v iews this as a noncontroversial amendment and anticipates no adverse comment
. However, in the A Proposed Rules @ section of today = s Federal Register , EPA is publishing a separate document that will serve as the proposal to approve the SI P revision if adverse comments are filed. This rule will be effective on [ In sert date 60 day s from date of publication in the Federal Register ] without further notice unless EPA receives adverse comment by [ In sert date 30 day s from date of publication in the Federal Register ] . I f 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.

I V. Statutory and Executive Order Reviews A. General Requirements Under the Clean Air Act, the Administrator is required to approv e a SI P 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, i n reviewing SI P submissions, EPA’s role is to approve state choices,8

provided that they

meet the criteria of th e Clean Air Act. Accordingly , this action merely approves state law as meeting Federal requirements and does not impose additional requirements bey ond those imposed by state law. For that reason, this action:

 is not a "significant regulatory action” subj ect 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 a s 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 L aw 104
- 4) ;
 d oes 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 s ubject 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 Ad vancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the Clean Air Act; and9

 does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or envir onmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).

Inaddition, this rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000 ), because the SI P is not approved to apply in I ndian 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 Cong ressional 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 Gene ral of the United States prior to publication of the rule in the Federal Register . A major rule cannot take effect until 60 day s 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. Petition s 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 [ I nsert date 60 day s from date of publication of this docume nt in the Federal Register ]. Filing a petition for10

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
rev iew 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 th e 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 com ment in the proposed rulemaking. This action pe rtaining 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 pr otection, Air p ollution control, In corporation by reference, Ozone, Reporting and recordkeeping requirements, V olatile organic compounds.

_ September 7, 2010 ____ __________ /s/

_______________ Dated: W. C. Early , Acting Regional Administrator, Region I II.11

4 0 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 B Maryland 2. I n ' 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 Id entification of plan
. * * * * * ( c)* * * EPA
- APPROVED REGUL ATI ONS I N THE MARYL AND SI P Code of Maryland administrative regulations (COMAR) citation Title/subject State effective date EPA approval

date A d ditional

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 [I nsert Federal Register publication date) [I nsert page number where the document begins] Revisions to Section

.07A, .07B and the a ddition of new Section .07D
* * * * * * * * * * * *