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[Federal Register Volume 77, Number 141 (Monday, July 23, 2012)]
[Rules and Regulations]
[Pages 43000-43002]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-17762]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2012-0042; FRL-9702-2]

Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; Offset Lithographic Printing and Letterpress Printing 
Regulations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision 
submitted by the State of Maryland. The revision pertains to amendments 
to the Code of Maryland (COMAR) 26.11.19.11, Lithographic and 
Letterpress Printing. EPA is approving the revision to meet the 
requirements to adopt Reasonably Available Control Technology (RACT) 
for sources covered by EPA's Control Techniques Guidelines (CTG) for 
offset lithographic printing and letterpress printing in accordance 
with the requirements of the Clean Air Act (CAA).

DATES: This final rule is effective on August 22, 2012.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2012-0042. All documents in the docket are listed in 
the www.regulations.gov Web site. 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 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.

FOR FURTHER INFORMATION CONTACT: Asrah Khadr, (215) 814-2071, or by 
email at khadr.asrah@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background

    On May 14, 2012 (77 FR 28336), EPA published a notice of proposed 
rulemaking (NPR) for the State of Maryland. The NPR proposed approval 
of amendments to COMAR 26.11.19.11, Lithographic and Letterpress 
Printing. The amendments adopt EPA's CTG for lithographic and 
letterpress printing. The formal SIP revision (11-09) was 
submitted by the Maryland Department of the Environment (MDE) on 
December 15, 2011. Additional background information behind this SIP 
revision is discussed in detail in the NPR.

II. Summary of SIP Revision

    This SIP revision consists of amendments to COMAR 26.11.19.11 to 
adopt a new CTG for offset lithographic printers and letterpress 
printers, entitled Control Techniques Guidelines for Offset 
Lithographic Printing and Letterpress Printing (see EPA 453/R-06-002). 
A detailed summary of EPA's review of and rationale for approving this 
SIP revision may be found in the TSD for this action which is available 
in the docket. No public comments were received on the NPR.

III. Final Action

    EPA is approving the Maryland SIP revision which adopts the CTG 
standards for offset lithographic printing and letterpress printing 
into the Code of Maryland.

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

[[Page 43001]]

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).

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 September 21, 2012. 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 pertaining to the amendments of the Code of 
Maryland to adopt EPA's CTG for lithographic printing and letterpress 
printing, may not be challenged later in proceedings to enforce its 
requirements. (See section 307(b)(2) of the CAA.)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Volatile organic compounds.

    Dated: July 10, 2012.
W. C. Early,
Acting Regional Administrator, Region III.

    Therefore, 40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

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

0
2. In Sec.  52.1070, the table in paragraph (c) is amended by revising 
the entry for COMAR 26.11.19.11 to read as follows:

Sec.  52.1070  Identification of plan.

* * * * *
    (c) * * *

                 EPA-Approved Regulations, Technical Memoranda, and Statutes in the Maryland SIP
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                                                                                                  Additional
        Code of  Maryland                                      State                             explanation/
   Administrative  Regulations          Title/subject        effective    EPA approval date   citation at 40 CFR
        (COMAR)  citation                                       date                                52.1100
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                                                  * * * * * * *
                           26.11.19 Volatile Organic Compounds from Specific Processes
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                                                  * * * * * * *
26.11.19.11.....................  Lithographic and             10/31/11  7/23/12............  Sections .11A
                                   Letterpress Printing.                 [Insert page number   through .11E are
                                                                          where the document   revised; sections
                                                                          begins].             .11F through .11H
                                                                                               are added.
 
                                                  * * * * * * *
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[[Page 43002]]

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[FR Doc. 2012-17762 Filed 7-20-12; 8:45 am]
BILLING CODE 6560-50-P
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