[Federal Register Volume 81, Number 228 (Monday, November 28, 2016)]
[Proposed Rules]
[Pages 85455-85457]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-28436]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2016-0454; FRL-9955-51-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; New Regulations for Architectural and Industrial Maintenance 
Coatings

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a state implementation plan (SIP) revision submitted by the 
State of Maryland. This revision pertains to a provision establishing 
new volatile organic compound (VOC) content limits and standards for 
architectural and industrial maintenance (AIM) coatings available for 
sale and use in Maryland. This action is being taken under the Clean 
Air Act (CAA).

DATES: Written comments must be received on or before December 28, 
2016.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2016-0454 at http://www.regulations.gov, or via email to 
[email protected]. For comments submitted at Regulations.gov, follow 
the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from Regulations.gov. For either 
manner of submission, EPA may publish any comment received to its 
public docket. Do not submit electronically any information you 
consider to be confidential business information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e. on the web, cloud, or other file sharing 
system). For additional submission methods, please contact the person 
identified in the FOR FURTHER INFORMATION CONTACT section. For the full 
EPA public comment policy, information about CBI or multimedia 
submissions, and general guidance on making effective comments, please 
visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Irene Shandruk, (215) 814-2166, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    In 2001, the Ozone Transport Commission (OTC), in collaboration 
with the Ozone Transport Region (OTR) states, developed several 
emission reduction measures, including a VOC model rule for AIM 
coatings (known as the Phase I AIM model rule), which addressed VOC 
reductions in the OTR. In 2004, consistent with the OTC Phase I AIM 
model rule, Maryland adopted COMAR 26.11.33--Architectural Coatings, 
which established VOC content limits, recordkeeping and labeling 
requirements, and standard practices for use and application of 
coatings used in architectural and industrial maintenance.
    The Phase I AIM model rule was replaced with an amended OTC model 
rule in 2011 (known as the Phase II AIM model rule). The Phase II AIM 
model rule was developed for states that needed additional VOC emission

[[Page 85456]]

reductions in order to meet the ozone national ambient air quality 
standards (NAAQS). Consistent with the Phase II AIM model rule, 
Maryland developed and adopted COMAR 26.11.39--Architectural and 
Industrial Maintenance Coatings, which is an updated version of COMAR 
26.11.33.

II. Summary of SIP Revision

    On June 27, 2016, the Maryland Department of the Environment (MDE) 
submitted to EPA a SIP revision containing new AIM regulations .01 
through .08 under COMAR 26.11.39--Architectural and Industrial 
Maintenance Coatings. The new regulations apply to any person who 
manufactures, blends, thins, supplies, sells, offers for sale, 
repackages for sale, or applies architectural and industrial 
maintenance coatings in Maryland. Maryland's new AIM regulations 
establish more stringent VOC content limits (Table 1) and standards for 
AIM coating categories than in COMAR 26.11.33, as well as establish 
container labeling requirements, reporting requirements, and compliance 
procedures. The requirements of COMAR 26.11.39 will supersede those of 
COMAR 26.11.33. A more detailed explanation and analysis of COMAR 
26.11.39 can be found in the Technical Support Document (TSD) for this 
rulemaking under Docket ID No. EPA-R03-OAR-2016-0454.\1\
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    \1\ The TSD contains a comparison of VOC content limits in COMAR 
26.11.39 and COMAR 26.11.33, demonstrating additional VOC emission 
reduction potential from COMAR 26.11.39 for this source category. 
The TSD also describes some AIM categories that were consolidated or 
added in the new COMAR 26.11.39 compared to COMAR 26.11.33, which 
EPA had previously approved for the Maryland SIP. However, none of 
these adjustments removed any VOC content limits from the Maryland 
regulation, which EPA had approved previously into the Maryland SIP.

Table 1--VOC Content Limits Under COMAR 26.11.39 for Various AIM Coating
                               Categories
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                                                      Maryland's new VOC
                                                        content limits
  Architectural and industrial maintenance coatings      (grams/liter)
                      category                            under COMAR
                                                           26.11.39
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Flat coatings.......................................                  50
Non-flat coatings...................................                 100
Non-flat--high gloss coatings.......................                 150
Specialty Coatings:
Aluminum roof coatings..............................                 450
Basement specialty coatings.........................                 400
Bituminous roof coatings............................                 270
Bituminous roof primers.............................                 350
Bond breakers.......................................                 350
Calcimine recoater..................................                 475
Concrete curing compounds...........................                 350
Concrete/masonry sealers............................                 100
Concrete surface retarders..........................                 780
Conjugated oil varnish..............................                 450
Conversion varnish..................................                 725
Driveway sealers....................................                  50
Dry fog coatings....................................                 150
Faux finishing coatings.............................                 350
Fire-resistive coatings.............................                 350
Floor coatings......................................                 100
Form-release coatings...............................                 250
Graphic arts coatings (Sign paints).................                 500
High-temperature coatings...........................                 420
Impacted immersion coatings.........................                 780
Industrial maintenance coatings.....................                 250
Low-solids coatings.................................                 120
Magnesite cement coatings...........................                 450
Mastic texture coatings.............................                 100
Metallic pigmented coatings.........................                 500
Multi-color coatings................................                 250
Nuclear coatings....................................                 450
Pre-treatment wash primers..........................                 420
Primers, sealers, and undercoaters..................                 100
Reactive penetrating sealers........................                 350
Reactive penetrating carbonate stone sealers........                 500
Recycled coatings...................................                 250
Roof coatings.......................................                 250
Rust preventative coatings..........................                 250
Shellacs:
Clear...............................................                 730
Opaque..............................................                 550
Specialty primers, sealers, and undercoaters........                 100
Stains..............................................                 250
Stone consolidant...................................                 450
Swimming pool coatings..............................                 340
Thermoplastic rubber coatings and mastic............                 550
Traffic marking coatings............................                 100
Tub and tile refinish coatings......................                 420
Waterproofing membranes.............................                 250
Wood coatings.......................................                 275

[[Page 85457]]

 
Wood preservatives..................................                 350
Zinc-rich primers...................................                 340
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III. Proposed Action

    EPA's review of this material indicates that Maryland's new 
regulations for AIM coatings under COMAR 26.11.39 are based on the 
OTC's Phase II AIM model rule and establish more stringent VOC content 
limits and requirements for certain AIM coating categories compared to 
COMAR 26.11.33. Therefore, these new regulations should lead to 
additional VOC reductions from this category. Additionally, Maryland's 
new AIM coating regulations are more stringent than the federal 
standards found at 40 CFR 59, subpart D--National Volatile Organic 
Compound Emission Standards for Architectural Coatings, which in 1998 
established nationwide VOC content limits and other requirements for 
manufacturers of architectural coatings. EPA expects more stringent VOC 
content limits will reduce emissions of VOCs, a precursor to ozone 
formation. Reduced VOC emissions and reduced ozone formation will 
assist Maryland with attaining and maintaining the ozone NAAQS. EPA 
proposes to add COMAR 26.11.39 to the Maryland SIP as a SIP 
strengthening measure. Pursuant to section 110 of the CAA, EPA is 
proposing to approve Maryland's new AIM coating provision, COMAR 
26.11.39, which was submitted on June 27, 2016, as a revision to the 
Maryland SIP. EPA is soliciting public comments on the issues discussed 
in this document. These comments will be considered before taking final 
action.

IV. Incorporation by Reference

    In this proposed rule, EPA is proposing to include in a final EPA 
rule regulatory text that includes incorporation by reference. In 
accordance with requirements of 1 CFR 51.5, EPA is proposing to 
incorporate by reference Maryland's new regulations for AIM coatings 
under COMAR 26.11.39. EPA has made, and will continue to make, these 
materials generally available through http://www.regulations.gov and/or 
at the EPA Region III Office (please contact the person identified in 
the FOR FURTHER INFORMATION CONTACT section of this preamble for more 
information).

V. 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 approves 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 Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this proposed rule pertaining to Maryland's new 
regulations for AIM coatings under COMAR 26.11.39, 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: November 10, 2016.
Shawn M. Garvin,
Regional Administrator, Region III.
[FR Doc. 2016-28436 Filed 11-25-16; 8:45 am]
 BILLING CODE 6560-50-P