[Federal Register Volume 76, Number 160 (Thursday, August 18, 2011)]
[Proposed Rules]
[Pages 51314-51316]
From the Federal Register Online via the Government Publishing 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: [email protected].
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 [email protected].
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
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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]
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