[Federal Register Volume 76, Number 161 (Friday, August 19, 2011)]
[Proposed Rules]
[Pages 51925-51927]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-21272]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2011-0491; EPA-R03-OAR-2011-0570; FRL-9453-5]


Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; Adhesives and Sealants Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve State Implementation Plan (SIP) 
revisions submitted by the State of Maryland. These SIP revisions 
pertain to amendments to Maryland's rule for the control of volatile 
organic compound (VOC) emissions from chemical production and 
polytetrafluoroethylene (PTFE) operations, from paint, resin, and 
adhesive manufacturing, and from adhesive and sealant application. 
These SIP revisions also pertain to an addition of a new regulation for 
the control of VOC emissions from adhesives and sealants. 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 Numbers EPA-
R03-OAR-2011-0491 and EPA-R03-OAR-2011-0570 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-2011-0491 and EPA-R03-OAR-2011-0570, 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 Nos. EPA-R03-OAR-
2011-0491 and EPA-R03-OAR-2011-0570. 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: Rose Quinto, (215) 814-2182, or by e-
mail at [email protected].

SUPPLEMENTARY INFORMATION: On April 18, 2008, the Maryland Department 
of the Environment (MDE) submitted revisions to its SIP (Maryland SIP 
08-02) regarding the control of VOC emissions from PTFE 
operations (amending Regulation .30 under COMAR 26.11.19) and from 
adhesives and sealants operations (adding Regulations .01-.07 under a 
new chapter, COMAR 26.11.35). On May 28, 2009, MDE submitted another 
revision to its SIP (Maryland SIP 09-01) amending Regulation 
.01 under COMAR 26.11.35. In addition, on April 23, 2010, EPA received 
a SIP revision (Maryland SIP 10-06) amending the control of 
VOC emissions from paint, resin, and adhesive manufacturing and 
adhesive and sealant application (Regulations .15A and .15C(4) under 
COMAR 26.11.19).
    The SIP revisions consist of the following:

A. Amendments to Regulation .30, Control of Volatile Organic Compounds 
From Chemical Production and Polytetrafluoroethylene Operations Under 
COMAR 26.11.19 (Volatile Organic Compounds From Specific Processes)

    COMAR 26.11.19.30 (Control of Volatile Organic Compounds from 
Chemical Production and Polytetrafluoroethylene Operations) is in the 
Maryland SIP. (See 40 CFR 52.1070(c) and 68 FR 33000, June 3, 2003). 
COMAR 26.11.19.30 sets reasonably available control technology (RACT) 
for: (1) Organic chemical installations which are process equipment 
that operate independently or in combination with other equipment 
reactors, distillation columns, evaporators, strippers and other 
similar

[[Page 51926]]

chemical processing equipment to produce a single chemical intermediate 
or final product; (2) process equipment for the production of inorganic 
chemicals when associated with drying or product treatment equipment 
that involves the use of VOCs; and (3) installations that treat PTFE so 
that its shape or form is permanently changed and that result in VOC 
emissions into the air but excluding installations that apply a coating 
to PTFE or a PTFE product.
    The amendments change the definition of PTFE to fluoropolymer 
material (FPM), and therefore replacing PTFE to FPM throughout COMAR 
26.11.19.30. The amendments also specify that a person who owns or 
operates an installation subject to the requirements of COMAR 
26.11.19.30 will not be subject to COMAR 26.11.35 (Control of VOC 
Emissions from Adhesives and Sealants) provided that monthly records 
are maintained which demonstrate that VOC emissions from the 
application of all adhesives, sealants, adhesive primers, and sealant 
primers do not exceed 400 pounds per year; and adhesive manufacturing 
does not exceed 200 pounds per year.

B. Addition of COMAR 26.11.35 (Control of VOC Emissions From Adhesives 
and Sealants)

    The Ozone Transport Commission (OTC) States developed a Model Rule 
``OTC Model Rule For Adhesives and Sealants'' dated 2006 which was 
based on the 1998 California Air Resources Board (CARB) RACT 
determination. This RACT determination applied to both the manufacture 
and use of adhesives, sealants, adhesive primers or sealant primers, in 
both industrial and manufacturing facilities and in the field. 
California Air Districts used this determination to develop regulations 
for this category. EPA addressed this source category with a Control 
Techniques Guideline (CTG) document for Miscellaneous Industrial 
Adhesives dated September 2008. This CTG was developed in response to 
section 183(e) of the CAA requirement for EPA to study and regulate 
consumer and commercial products, which is included in EPA's Report to 
Congress, ``Study of Volatile Organic Compound Emissions from Consumer 
and Commercial Products--Comprehensive Emissions Inventory.'' The 
section 183(e) miscellaneous industrial adhesives category was limited 
to adhesives and adhesive primers used in industrial and manufacturing 
operations and did not include products applied in the field. 
Therefore, the OTC Model Rule and State efforts in developing 
individual regulations preceded EPA's CTG for this source category and 
were broader in applicability.
    The new Chapter COMAR 26.11.35 adds new regulations that: (a) Set 
standards for the application of adhesives, sealants, adhesive primers, 
and sealant primers by providing options for appliers either to use a 
product with a VOC content equal to or less than a specified limit or 
to use add-on controls; (b) establish standards for cleanup solvents; 
(c) establish a VOC limit for surface preparation solvents; (d) provide 
for an alternative add-on control system requirement of at least 85 
percent overall control efficiency (capture and destruction), by 
weight; (e) provide exemptions for certain operations such as medical 
and defense equipment manufacturing and for small containers; (f) 
require simplified records of materials used and VOC content to be 
maintained for 5 years, with more detailed records required for 
noncompliant products on material usage from persons who qualify for 
exemptions; (g) require that VOC-containing materials must be stored or 
disposed of in closed containers; (h) content limits; (i) require 
manufacturers to label containers with the maximum VOC content as 
supplied, as well as the maximum VOC content on an as-applied basis 
when used in accordance with the manufacturer's recommendations 
regarding thinning, reducing, or mixing with any other VOC containing 
material; and (j) prohibit the specification of any adhesive, primer, 
or sealant that violates the provisions of the proposed regulations.

C. Amendments to Regulation .01 Under COMAR 26.11.35

    These amendments exempt single-ply roof membrane installation and 
repair adhesives, single-ply roof membrane sealants, and single-ply 
roof membrane adhesive primers from standards for VOC content during 
non-ozone seasons for the years 2009, 2010 and 2011. In 2012, the 
standards for VOC content for these materials are applicable throughout 
the year.

D. Amendments to Regulation .15 (Paint, Resin, and Adhesive 
Manufacturing and Adhesive and Sealant Application) Under COMAR 
26.11.19, Regulations .15A and .15C(4)

    The following definitions were added to Regulation .15A: sealant, 
sealant application, and specialty electronic systems and subsystems 
for defense and homeland security. Amendments to Regulation .15C(4) 
repeal the general emission standard for adhesives, and establishes a 
RACT emission limitation for specialty electronic systems and 
subsystems for defense and homeland security. The amendments limit the 
discharge into the atmosphere to not more than 25 pounds per day of VOC 
from adhesive and sealant application, averaged over a monthly period.
    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 numbers EPA-R03-OAR-2011-0491 and EPA-R03-
OAR-2011-0570.

III. Proposed Action

    EPA is proposing to approve the Maryland SIP revision amending 
COMAR 26.11.19.30 ``Control of Volatile Organic Compounds from Chemical 
Production and Polytetrafluoroethylene Operations'' and adding COMAR 
26.11.35 ``Control of VOC Emissions from Adhesives and Sealants.'' EPA 
is also proposing to approve the Maryland SIP revisions amending 
Regulation .01 under COMAR 26.11.35 and Regulations .15A and .15C(4) 
under COMAR 26.11.19.15 ``Paint, Resin, and Adhesive Manufacturing and 
Adhesive and Sealant Application.'' 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.);

[[Page 51927]]

     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, pertaining to Maryland's control 
of VOCs from adhesives and sealants, 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.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Ozone, Reporting and recordkeeping requirements, Volatile 
organic compounds.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: August 8, 2011.
W.C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2011-21272 Filed 8-18-11; 8:45 am]
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