Approval and Promulgation of Air Quality Implementation Plans; Maryland; Adoption of Control Techniques Guidelines for Flat Wood Paneling Coatings, 4534-4537 [2011-1489]
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4534
Federal Register / Vol. 76, No. 17 / Wednesday, January 26, 2011 / Rules and Regulations
Dated: January 7, 2011.
J.C. Burton,
Captain, U.S. Coast Guard, Captain of the
Port, Morgan City, Louisiana.
[FR Doc. 2011–1645 Filed 1–25–11; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2010–0788; FRL–9256–2]
Approval and Promulgation of Air
Quality Implementation Plans;
Maryland; Adoption of Control
Techniques Guidelines for Flat Wood
Paneling Coatings
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
EPA is taking direct final
action to approve a State
Implementation Plan (SIP) revision
submitted by the Maryland Department
of the Environment (MDE). This SIP
revision includes amendments to
Maryland’s regulation for Volatile
Organic Compounds from Specific
Processes, and meets the requirement to
adopt Reasonably Available Control
Technology (RACT) for sources covered
by EPA’s Control Techniques
Guidelines (CTG) standards for flat
wood paneling coatings. These
amendments will reduce emissions of
volatile organic compound (VOC)
emissions from flat wood coating
facilities. Therefore, this revision 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: This rule is effective on March
28, 2011 without further notice, unless
EPA receives adverse written comment
by February 25, 2011. 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–2010–0788, by one of the
following methods:
A. www.regulations.gov. Follow the
on-line instructions for submitting
comments.
B. E-mail: powers.marilyn@epa.gov.
C. Mail: EPA–R03–OAR–2010–0788,
Marilyn Powers, Acting Associate
Director, Office of Air Program
Planning, Mailcode 3AP30, U.S.
Environmental Protection Agency,
Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
Emcdonald on DSK2BSOYB1PROD with RULES
SUMMARY:
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D. Hand Delivery: At the previouslylisted 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–
0788. EPA’s policy is that all comments
received will be included in the public
docket without change, and may be
made available online at https://
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 https://
www.regulations.gov or e-mail. The
https://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 https://
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
https://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 https://
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
PO 00000
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Boulevard, Suite 705, Baltimore,
Maryland 21230.
FOR FURTHER INFORMATION CONTACT:
Gregory Becoat, (215) 814–2036, or by
e-mail at becoat.gregory@epa.gov.
SUPPLEMENTARY INFORMATION: On April
23, 2010, MDE submitted to EPA SIP
revision # 10–05 concerning the
adoption of the EPA CTG for flat wood
paneling coatings.
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.
The CTG for flat wood paneling
coatings is intended to provide state and
local air pollution control authorities
information that should assist them in
determining RACT for VOCs from flat
wood paneling coating. In developing
this CTG, EPA, among other things,
evaluated the sources of VOC emissions
from the flat wood paneling coating
industry and the available control
approaches for addressing these
emissions, including the costs of such
approaches. Based on available
information and data, EPA provides
recommendations for RACT for flat
wood paneling coating.
In June 1978, EPA published a final
CTG for flat wood paneling coatings,
entitled ‘‘Control of Volatile Organic
Emissions from Existing Stationary
Sources, Volume VII, Factory Surface
Coating of Flat Wood Paneling,’’ EPA–
450/2–78–034 (June 1978). In September
1979, EPA published guidance to
provide assistance to State and local air
pollution control agencies in preparing
RACT regulations for a variety of
categories, including flat wood
paneling. In 2003, EPA promulgated
national emission standards for
hazardous air pollutants (NESHAP)
covering surface coating of wood
building products (including flat wood
paneling). See 68 FR 31746 (May 28,
2003).
Under section 183(e) of the CAA, EPA
conducted a study of VOC emissions
from the use of consumer and
commercial products to assess their
potential to contribute to levels of ozone
that violate the NAAQS for ozone, and
to establish criteria for regulating VOC
emissions from these products. Section
183(e) of the CAA directs EPA to list for
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Federal Register / Vol. 76, No. 17 / Wednesday, January 26, 2011 / Rules and Regulations
regulation those categories of products
that account for at least 80 percent of
the VOC emissions, on a reactivityadjusted basis, from consumer and
commercial products in areas that
violate the NAAQS for ozone (i.e., ozone
nonattainment areas), and to divide the
list of categories to be regulated into
four groups.
EPA published the original list of
product categories and the original
schedule that established the four
groups of categories in the Federal
Register on March 23, 1995 (60 FR
15264). Flexible package printing
materials was included in that list. EPA
noted in that notice that EPA may
amend the list of products for
regulation, and the groups of products
for regulation, and the groups of product
categories, in order to achieve an
effective regulatory program in
accordance with the Agency’s discretion
under CAA section 183(e). EPA
published a revised schedule and
grouping on March 18, 1999 (64 FR
13422). EPA again revised the list to
regroup the product categories on
November 17, 2005 (70 FR 69759). On
May 16, 2006 (71 FR 28320), EPA
modified the section 183(e) list and
schedule for regulation by adding one
category and removing one category of
consumer and commercial products.
Flat wood paneling coatings are
included on the current section
CAA183(e) list.
Flat wood paneling products are used
in construction and can be classified as
three main product types: decorative
interior panels, exterior siding, and
tileboard. A typical flat wood coating
facility applies stains and varnishes to
natural plywood panels used for wall
coverings. This CTG applies to facilities
that apply flat wood paneling coatings
that emit at least 6.8 kg/day (15 lb/day)
of VOC before consideration of controls.
Flat wood paneling coatings means
wood paneling products that are any
interior, exterior or tileboard (class I
hardboard) panel to which a protective,
decorative, or functional material or
layer has been applied. There are
several approaches to reducing VOC
emissions from flat wood coating
facilities: (1) The use of low-VOC,
waterborne coatings, (2) the use of
ultraviolet cure and electron beam cure
coatings, (3) adding/improving add-on
controls, and (4) the implementation of
work practice standards.
II. Summary of SIP Revision
On April 23, 2010, Maryland
Department of the Environment (MDE)
submitted to EPA a SIP revision
concerning the adoption of the EPA
CTG for flat wood paneling coatings.
EPA develops CTGs as guidance on
control requirements for source
categories. States can follow the CTGs or
adopt more restrictive standards. MDE
is adopting EPA’s CTG standards for flat
wood paneling coatings (see EPA–450/
2–78–034, June 1978). This SIP revision
includes amendments to a new
regulation .33 under COMAR 26.11.19,
4535
Volatile Organic Compounds from
Specific Processes. This action affects
facilities that apply stains and varnishes
to natural plywood panels used for wall
coverings.
New regulation COMAR
26.11.19.33—Control of Volatile Organic
Compounds (VOCs) Emissions from Flat
Wood Paneling Coatings contains the
following requirements and standards:
(1) Section .33(A): Includes
definitions for the following terms
pertaining to flat wood paneling
coatings: (1) ‘‘Class II finishes on
hardboard panels,’’ ‘‘Exterior siding,’’
‘‘Flat wood paneling,’’ ‘‘Hardwood
plywood,’’ ‘‘Natural finish hardwood
plywood panels,’’ ‘‘Printed interior
panels,’’ ‘‘Thin particleboard,’’ and
‘‘Tileboard.’’
(2) Section .33(B): Incorporates by
reference ANSI A135.5–2004,
Prefinished Hardwood Paneling and
ANSI A135.4–2004, Basic Hardboard.
(3) Section .33(C): Describes the
applicability of this regulation.
(4) Section .33(D): Includes the
requirements for flat wood paneling
coating. Any person who applies flat
wood paneling coatings, including inks
and adhesives, where total precontrol
VOC emissions from all flat wood
paneling coating operations at a
premises is 15 pounds or more per day
(6.8 kg/day) shall meet the coating
standards or overall control efficiency
specified in Table 1.
TABLE 1—RECOMMENDED EMISSION LIMITS FOR FLAT WOOD PANELING COATING OPERATIONS
Should meet one of these emission limits:
lb VOC per gallon
material (grams
VOC per liter material) [excluding
water and exempt
compounds]
Surface coatings, inks, or adhesives applied to the following
flat wood paneling categories
Printed interior panels made of hardwood, plywood, or thin particleboard ..............
Natural finish hardwood plywood panels ...................................................................
Class II finishes on hardboard panels .......................................................................
Tileboard ....................................................................................................................
Exterior siding ............................................................................................................
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III. Final Action
Maryland’s April 23, 2010 SIP
revision meets the CAA requirement to
include RACT for sources covered by
the EPA CTG for flat wood paneling
coating. Therefore, EPA is approving the
Maryland SIP revision that adopts the
CTG standards for flat wood paneling
coating. EPA is publishing this rule
without prior proposal because the
Agency views this as a noncontroversial
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2.1
2.1
2.1
2.1
2.1
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 March 28, 2011 without
further notice unless EPA receives
adverse comment by February 25, 2011.
If EPA receives adverse comment, EPA
will publish a timely withdrawal in the
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lb VOC per gallon
solids (grams
VOC per liter
solids)
(250)
(250)
(250)
(250)
(250)
2.9
2.9
2.9
2.9
2.9
(350)
(350)
(350)
(350)
(350)
Overall control
efficiency using an
add-on control
device (%):
90
90
90
90
90
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.
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Federal Register / Vol. 76, No. 17 / Wednesday, January 26, 2011 / Rules and Regulations
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
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 CAA. 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 (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 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 March 28, 2011.
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 flat
wood paneling coating may not be
challenged later in proceedings to
enforce its requirements. (See CAA
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.
Dated: January 5, 2011.
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 VB—Maryland
2. In § 52.1070, the table in paragraph
(c) is amended by adding an entry for
COMAR 26.11.19.33 to read as follows:
■
§ 52.1070
*
Identification of plan.
*
*
(c)* * *
*
*
EPA-APPROVED REGULATIONS IN THE MARYLAND SIP
Code of Maryland
administrative
regulations
(COMAR) citation
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*
26.11.19 ..............
*
26.11.19.33 .........
*
VerDate Mar<15>2010
State effective date
Title/subject
*
*
*
*
Volatile Organic Compounds from Specific Processes
*
*
*
Control of Volatile Organic Compounds (VOCs) from Flat
wood Paneling Coatings.
*
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EPA approval date
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Additional
explanation/
citation at 40
CFR 52.1100
*
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New Regulation.
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Federal Register / Vol. 76, No. 17 / Wednesday, January 26, 2011 / Rules and Regulations
*
*
*
*
*
[FR Doc. 2011–1489 Filed 1–25–11; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2010–0882; FRL–9255–9]
Approval and Promulgation of Air
Quality Implementation Plans; Virginia;
Adoption of the Revised Lead
Standards and Related Reference
Conditions, and Update of Appendices
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
EPA is taking direct final
action to approve revisions to the
Commonwealth of Virginia State
Implementation Plan (SIP). The
revisions add the primary and
secondary lead standards of 0.15
micrograms per cubic meter (μg/m3),
related reference conditions, and update
the list of appendices under ‘‘Documents
Incorporated by Reference.’’ Virginia’s
SIP revisions for the national ambient
air quality standards (NAAQS) for lead
are consistent with the Federal lead
standards. This action is being taken
under the Clean Air Act (CAA).
DATES: This rule is effective on March
28, 2011 without further notice, unless
EPA receives adverse written comment
by February 25, 2011. 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–2010–0882 by one of the
following methods:
A. www.regulations.gov. Follow the
on-line instructions for submitting
comments.
B. E-mail: powers.marilyn@epa.gov.
C. Mail: EPA–R03–OAR–2010–0882,
Marilyn Powers, 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 previouslylisted 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–
0882. EPA’s policy is that all comments
received will be included in the public
Emcdonald on DSK2BSOYB1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
16:16 Jan 25, 2011
Jkt 223001
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 Virginia Department of
Environmental Quality, 629 East Main
Street, Richmond, Virginia 23219.
FOR FURTHER INFORMATION CONTACT:
Irene Shandruk, (215) 814–2166, or by
e-mail at shandruk.irene@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On September 27, 2010, the
Commonwealth of Virginia submitted a
formal revision to its SIP. The SIP
revision consists of revisions pertaining
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4537
to the ambient air quality standards for
lead and related reference conditions.
The CAA specifies that EPA must reevaluate the appropriateness of its
various air quality standards every five
years. As part of the process, EPA
reviewed the latest research and
determined that revised standards for
lead were necessary to protect public
health and welfare. EPA revised the
level of the primary lead standard to a
level of 0.15 micrograms per cubic
meter (μg/m3) to provide increased
protection for children and other ‘‘at
risk’’ populations. The secondary
standard was also revised to a level of
0.15 μg/m3 to afford increased
protection for the environment. EPA
promulgated the more stringent primary
and secondary NAAQS for lead on
November 12, 2008 (73 FR 66964).
II. Summary of SIP Revision
On September 27, 2010, the
Commonwealth of Virginia submitted a
formal revision to its SIP. The SIP
revision consists of an amendment
which includes the revised primary and
secondary ambient air quality standards
for lead and related reference
conditions. Virginia’s revision
incorporates the Federal lead standards
into the Code of Virginia (9VAC5
Chapter 30). In addition, the list of
appendices to 40 CFR Part 51 was
updated under ‘‘Documents
Incorporated by Reference’’ (9VAC5–20–
21).
The following are the specific sections
that are being modified or amended:
• 9VAC5–20–21: Documents
Incorporated by Reference (modified)
• 9VAC5–30–15: Reference
Conditions (modified)
• 9VAC5–30–80: Lead (amended)
III. General Information Pertaining to
SIP Submittals From the
Commonwealth of Virginia
In 1995, Virginia adopted legislation
that provides, subject to certain
conditions, for an environmental
assessment (audit) ‘‘privilege’’ for
voluntary compliance evaluations
performed by a regulated entity. The
legislation further addresses the relative
burden of proof for parties either
asserting the privilege or seeking
disclosure of documents for which the
privilege is claimed. Virginia’s
legislation also provides, subject to
certain conditions, for a penalty waiver
for violations of environmental laws
when a regulated entity discovers such
violations pursuant to a voluntary
compliance evaluation and voluntarily
discloses such violations to the
Commonwealth and takes prompt and
appropriate measures to remedy the
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]]>Agencies
[Federal Register Volume 76, Number 17 (Wednesday, January 26, 2011)]
[Rules and Regulations]
[Pages 4534-4537]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-1489]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2010-0788; FRL-9256-2]
Approval and Promulgation of Air Quality Implementation Plans;
Maryland; Adoption of Control Techniques Guidelines for Flat Wood
Paneling 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 Maryland Department
of the Environment (MDE). This SIP revision includes amendments to
Maryland's regulation for Volatile Organic Compounds from Specific
Processes, and meets the requirement to adopt Reasonably Available
Control Technology (RACT) for sources covered by EPA's Control
Techniques Guidelines (CTG) standards for flat wood paneling coatings.
These amendments will reduce emissions of volatile organic compound
(VOC) emissions from flat wood coating facilities. Therefore, this
revision 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: This rule is effective on March 28, 2011 without further notice,
unless EPA receives adverse written comment by February 25, 2011. 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-2010-0788, by one of the following methods:
A. www.regulations.gov. Follow the on-line instructions for
submitting comments.
B. E-mail: powers.marilyn@epa.gov.
C. Mail: EPA-R03-OAR-2010-0788, Marilyn Powers, 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-
2010-0788. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at https://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 https://www.regulations.gov or e-mail. The https://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 https://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
https://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 https://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: Gregory Becoat, (215) 814-2036, or by
e-mail at becoat.gregory@epa.gov.
SUPPLEMENTARY INFORMATION: On April 23, 2010, MDE submitted to EPA SIP
revision 10-05 concerning the adoption of the EPA CTG for
flat wood paneling coatings.
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.
The CTG for flat wood paneling coatings is intended to provide
state and local air pollution control authorities information that
should assist them in determining RACT for VOCs from flat wood paneling
coating. In developing this CTG, EPA, among other things, evaluated the
sources of VOC emissions from the flat wood paneling coating industry
and the available control approaches for addressing these emissions,
including the costs of such approaches. Based on available information
and data, EPA provides recommendations for RACT for flat wood paneling
coating.
In June 1978, EPA published a final CTG for flat wood paneling
coatings, entitled ``Control of Volatile Organic Emissions from
Existing Stationary Sources, Volume VII, Factory Surface Coating of
Flat Wood Paneling,'' EPA-450/2-78-034 (June 1978). In September 1979,
EPA published guidance to provide assistance to State and local air
pollution control agencies in preparing RACT regulations for a variety
of categories, including flat wood paneling. In 2003, EPA promulgated
national emission standards for hazardous air pollutants (NESHAP)
covering surface coating of wood building products (including flat wood
paneling). See 68 FR 31746 (May 28, 2003).
Under section 183(e) of the CAA, EPA conducted a study of VOC
emissions from the use of consumer and commercial products to assess
their potential to contribute to levels of ozone that violate the NAAQS
for ozone, and to establish criteria for regulating VOC emissions from
these products. Section 183(e) of the CAA directs EPA to list for
[[Page 4535]]
regulation those categories of products that account for at least 80
percent of the VOC emissions, on a reactivity-adjusted basis, from
consumer and commercial products in areas that violate the NAAQS for
ozone (i.e., ozone nonattainment areas), and to divide the list of
categories to be regulated into four groups.
EPA published the original list of product categories and the
original schedule that established the four groups of categories in the
Federal Register on March 23, 1995 (60 FR 15264). Flexible package
printing materials was included in that list. EPA noted in that notice
that EPA may amend the list of products for regulation, and the groups
of products for regulation, and the groups of product categories, in
order to achieve an effective regulatory program in accordance with the
Agency's discretion under CAA section 183(e). EPA published a revised
schedule and grouping on March 18, 1999 (64 FR 13422). EPA again
revised the list to regroup the product categories on November 17, 2005
(70 FR 69759). On May 16, 2006 (71 FR 28320), EPA modified the section
183(e) list and schedule for regulation by adding one category and
removing one category of consumer and commercial products. Flat wood
paneling coatings are included on the current section CAA183(e) list.
Flat wood paneling products are used in construction and can be
classified as three main product types: decorative interior panels,
exterior siding, and tileboard. A typical flat wood coating facility
applies stains and varnishes to natural plywood panels used for wall
coverings. This CTG applies to facilities that apply flat wood paneling
coatings that emit at least 6.8 kg/day (15 lb/day) of VOC before
consideration of controls. Flat wood paneling coatings means wood
paneling products that are any interior, exterior or tileboard (class I
hardboard) panel to which a protective, decorative, or functional
material or layer has been applied. There are several approaches to
reducing VOC emissions from flat wood coating facilities: (1) The use
of low-VOC, waterborne coatings, (2) the use of ultraviolet cure and
electron beam cure coatings, (3) adding/improving add-on controls, and
(4) the implementation of work practice standards.
II. Summary of SIP Revision
On April 23, 2010, Maryland Department of the Environment (MDE)
submitted to EPA a SIP revision concerning the adoption of the EPA CTG
for flat wood paneling coatings. EPA develops CTGs as guidance on
control requirements for source categories. States can follow the CTGs
or adopt more restrictive standards. MDE is adopting EPA's CTG
standards for flat wood paneling coatings (see EPA-450/2-78-034, June
1978). This SIP revision includes amendments to a new regulation .33
under COMAR 26.11.19, Volatile Organic Compounds from Specific
Processes. This action affects facilities that apply stains and
varnishes to natural plywood panels used for wall coverings.
New regulation COMAR 26.11.19.33--Control of Volatile Organic
Compounds (VOCs) Emissions from Flat Wood Paneling Coatings contains
the following requirements and standards:
(1) Section .33(A): Includes definitions for the following terms
pertaining to flat wood paneling coatings: (1) ``Class II finishes on
hardboard panels,'' ``Exterior siding,'' ``Flat wood paneling,''
``Hardwood plywood,'' ``Natural finish hardwood plywood panels,''
``Printed interior panels,'' ``Thin particleboard,'' and ``Tileboard.''
(2) Section .33(B): Incorporates by reference ANSI A135.5-2004,
Prefinished Hardwood Paneling and ANSI A135.4-2004, Basic Hardboard.
(3) Section .33(C): Describes the applicability of this regulation.
(4) Section .33(D): Includes the requirements for flat wood
paneling coating. Any person who applies flat wood paneling coatings,
including inks and adhesives, where total precontrol VOC emissions from
all flat wood paneling coating operations at a premises is 15 pounds or
more per day (6.8 kg/day) shall meet the coating standards or overall
control efficiency specified in Table 1.
Table 1--Recommended Emission Limits for Flat Wood Paneling Coating Operations
----------------------------------------------------------------------------------------------------------------
Should meet one of these emission limits:
--------------------------------------------------------
lb VOC per gallon
material (grams
Surface coatings, inks, or adhesives applied to the VOC per liter lb VOC per gallon Overall control
following flat wood paneling categories material) solids (grams VOC efficiency using
[excluding water per liter an add-on control
and exempt solids) device (%):
compounds]
----------------------------------------------------------------------------------------------------------------
Printed interior panels made of hardwood, plywood, or 2.1 (250) 2.9 (350) 90
thin particleboard....................................
Natural finish hardwood plywood panels................. 2.1 (250) 2.9 (350) 90
Class II finishes on hardboard panels.................. 2.1 (250) 2.9 (350) 90
Tileboard.............................................. 2.1 (250) 2.9 (350) 90
Exterior siding........................................ 2.1 (250) 2.9 (350) 90
----------------------------------------------------------------------------------------------------------------
III. Final Action
Maryland's April 23, 2010 SIP revision meets the CAA requirement to
include RACT for sources covered by the EPA CTG for flat wood paneling
coating. Therefore, EPA is approving the Maryland SIP revision that
adopts the CTG standards for flat wood paneling coating. 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 March 28, 2011 without further notice
unless EPA receives adverse comment by February 25, 2011. 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.
[[Page 4536]]
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 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 CAA. 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 (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 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 March 28, 2011. 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 flat wood paneling coating may not be challenged later in
proceedings to enforce its requirements. (See CAA 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.
Dated: January 5, 2011.
W.C. Early,
Acting Regional Administrator, Region III.
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.
Subpart VB--Maryland
0
2. In Sec. 52.1070, the table in paragraph (c) is amended by adding an
entry for COMAR 26.11.19.33 to read as follows:
Sec. 52.1070 Identification of plan.
* * * * *
(c)* * *
EPA-Approved Regulations in the Maryland SIP
----------------------------------------------------------------------------------------------------------------
Code of Maryland State Additional explanation/
administrative regulations Title/subject effective EPA approval date citation at 40 CFR
(COMAR) citation date 52.1100
----------------------------------------------------------------------------------------------------------------
* * * * * * *
26.11.19.................. Volatile Organic Compounds from Specific Processes
* * * * * * *
26.11.19.33............... Control of Volatile 4/19/10 1/26/11 [Insert New Regulation.
Organic Compounds page number where
(VOCs) from Flat wood the document
Paneling Coatings. begins].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[[Page 4537]]
* * * * *
[FR Doc. 2011-1489 Filed 1-25-11; 8:45 am]
BILLING CODE 6560-50-P
