	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-OAR-2010-0525 by one of the following methods:

 www.regulations.gov.   Follow the on-line instructions for submitting
comments.

B.  E-mail:    HYPERLINK "mailto:pino.maria@epa.gov"  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 (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
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
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
e-mail at   HYPERLINK "mailto:wentworth.ellen@epa.gov" 
wentworth.ellen@epa.gov .

SUPPLEMENTARY INFORMATION:  

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 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, 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 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



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 (Proposed 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,
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 

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 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.

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 V( 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

*           *              *             *               *              
*                 *

*            *              *            *                *

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