[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]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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]
BILLING CODE 6560-50-P