[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:
                                                        --------------------------------------------------------
                                                         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.

[[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
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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