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[Federal Register Volume 76, Number 160 (Thursday, August 18, 2011)]
[Proposed Rules]
[Pages 51314-51316]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-21098]

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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.

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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 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-
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

[[Page 51315]]

authorities information that should assist them in determining RACT for 
VOCs from various sources, including drum and pail coatings. In 
developing these CTGs, EPA, among other things, evaluated the sources 
of VOC emissions from this industry and the available control 
approaches for addressing these emissions, including the costs of such 
approaches. Based on available information and data, EPA provided 
recommendations for RACT for VOCs from drum and pail coatings.
    In June 1978, EPA published a CTG for controlling VOC emissions 
from surface coating of miscellaneous metal and plastic products (EPA-
450/2-78-015), which includes drum and pail coatings. This CTG 
discusses the nature of VOC emissions from this industry, available 
control technologies for addressing such emissions, the costs of 
available control options, and other items. EPA promulgated national 
standards of performance for new stationary sources New Source 
Performance Standards for miscellaneous metal and plastic products 
industry and EPA also published a national emission standard for 
hazardous air pollutants (NESHAP) for this industry.
    In 2008, after conducting a review of currently existing state and 
local VOC emission reduction approaches for this industry, reviewing 
the 1978 CTG and the NESHAP for this industry, and taking into account 
the information that has become available since then, EPA developed a 
new CTG for miscellaneous metal and plastic parts, entitled Control 
Techniques Guidelines for Miscellaneous Metal and Plastic Parts 
Coatings (Publication No. EPA 453/R-08-003).
    The miscellaneous metal product and plastic parts surface coatings 
categories under section 183(e) of the CAA includes the coatings that 
are applied to the surfaces of a varied range of metal and plastic 
parts and products. Such parts or products are constructed either 
entirely or partially from metal or plastic. The VOC emissions from 
miscellaneous metal product and plastic parts surface coating processes 
result from the evaporation of the volatile components of the coatings 
and cleaning materials used in these operations.

II. Summary of SIP Revision

    On June 22, 2011, 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. Maryland has adopted EPA's CTG standards for drum and pail 
coating processes. These regulations are in COMAR 26.11.19, Volatile 
Organic Compounds from Specific Processes. Specifically, this revision 
amends the existing regulation in Section 26.11.19.13 to include 
emission limits for drum and pail coatings (Table 1). A detailed 
summary of EPA's review of and rationale for proposing to approve this 
SIP revision may be found in the Technical Support Document (TSD) for 
this action which is available on line at http://www.regulations.gov, 
Docket number EPA-R03-OAR-2011-0610.

                Table 1--Drum and Pail Coating Standards
------------------------------------------------------------------------
                                         Pounds VOC/      Kilogram VOC/
            Coating types              gallon coating     liter coating
                                        (minus water)     (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
------------------------------------------------------------------------

III. Proposed Action

    EPA is proposing to approve Maryland's SIP revision for adoption of 
the CTG standards for drum and pail coatings. EPA is soliciting public 
comments on the issues discussed in this document. These comments will 
be considered before taking final action.

IV. Statutory and Executive Order Reviews

    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 proposes to approve state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this proposed 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 proposed rule concerning Maryland's adoption of 
CTG standards for drum and pail coatings 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.

[[Page 51316]]

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Ozone, Reporting 
and recordkeeping requirements, Volatile organic compounds.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: August 1, 2011.
W.C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2011-21098 Filed 8-17-11; 8:45 am]
BILLING CODE 6560-50-P
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