[Federal Register Volume 76, Number 17 (Wednesday, January 26, 2011)]
[Rules and Regulations]
[Pages 4534-4537]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-1489]
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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.
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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: [email protected].
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 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: Gregory Becoat, (215) 814-2036, or by
e-mail at [email protected].
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
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Should meet one of these emission limits:
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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]
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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
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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 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.
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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
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Code of Maryland State Additional 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
* * * * * * *
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].
* * * * * * *
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[FR Doc. 2011-1489 Filed 1-25-11; 8:45 am]
BILLING CODE 6560-50-P