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[Federal Register Volume 80, Number 137 (Friday, July 17, 2015)]
[Proposed Rules]
[Pages 42459-42462]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-17470]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2015-0404; FRL-9930-61-Region 3]

Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; Adoption of Control Techniques Guidelines for Metal Furniture 
Coatings and Miscellaneous Metal Parts 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 (Maryland). This revision includes amendments to 
Maryland's regulation for the control of volatile organic compounds 
(VOC) and meets the requirement to adopt reasonably available control 
technology (RACT) for sources covered by EPA's Control Techniques 
Guidelines (CTG) standards for coatings for metal furniture and 
miscellaneous metal parts. These amendments will reduce emissions of 
VOC from these source categories and 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: Written comments must be received on or before August 17, 2015.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2015-0404 by one of the following methods:
    A. www.regulations.gov. Follow the on-line instructions for 
submitting comments.
    B. Email: fernandez.cristina@epa.gov.
    C. Mail: EPA-R03-OAR-2015-0404, 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

[[Page 42460]]

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-
2015-0404. EPA's policy is that all comments received will be included 
in the public docket without change, and may be made available online 
at 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 www.regulations.gov or email. 
The 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 email 
comment directly to EPA without going through www.regulations.gov, your 
email 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 
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 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: Ellen Schmitt, (215) 814-5787, or by 
email at schmitt.ellen@epa.gov.

SUPPLEMENTARY INFORMATION: On July 28, 2014, the State of Maryland 
through the Maryland Department of the Environment (MDE) submitted a 
revision to its SIP concerning the adoption of the coating standards 
located in the Metal Furniture Coatings and the Miscellaneous Metal and 
Plastic Parts Coatings CTGs.

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.
    In developing these CTGs, EPA, among other things, evaluates the 
sources of VOC emissions from these categories, and the available 
control approaches for addressing these categories, including the cost 
of such approaches. Based on available information and data, EPA 
provides recommendations for RACT for VOC from these categories. States 
can follow the CTGs and adopt state regulations to implement the 
recommendations contained therein, or they can adopt alternative 
approaches. In either case, states must submit their RACT rules to EPA 
for review and approval as part of the SIP process. EPA will evaluate 
the rules and determine, through notice and comment rulemaking in the 
SIP approval process, whether the submitted rules meet the RACT 
requirements of the CAA and EPA's regulations.
    In September 2007, EPA published a new CTG for Metal Furniture 
Coatings (EPA-453/R-07-005), and in September 2008, EPA published a new 
CTG for Miscellaneous Metal and Plastic Parts Coatings (EPA-453/R-08-
003). These CTGs discuss the nature of VOC emissions from these 
industries, the available control technologies for addressing such 
emissions, the cost of available control options, and other 
information. EPA developed new CTGs for these industries after 
reviewing existing state and local VOC emission reduction approaches, 
new source performance standards (NSPS), previously issued CTGs, and 
national emission standards for hazardous air pollutants (NESHAP) for 
these source categories.

A. Metal Furniture Coatings

    Metal furniture coatings include the coatings that are applied to 
the surfaces of metal furniture. A metal furniture substrate is the 
furniture or components of furniture constructed either entirely or 
partially from metal. Metal furniture includes, but is not limited to, 
the following types of products: Household, office, institutional, 
laboratory, hospital, public building, restaurant, barber and beauty 
shop, and dental furniture, as well as components of these products. 
Metal furniture also includes office and store fixtures, partitions, 
shelving, lockers, lamps and lighting fixtures, and wastebaskets. Metal 
furniture coatings include paints and adhesives and are typically 
applied without a primer. Higher solids and powder coatings are used 
extensively in the metal furniture surface coating industry. Metal 
furniture coatings provide a covering, finish, or functional or 
protective layer, and can also provide a decorative finish to metal 
furniture.

B. Miscellaneous Metal Parts Coatings

    Miscellaneous metal parts surface coating categories include the 
coatings that are applied to the surfaces of a varied range of metal 
parts and products. These parts or products are constructed either 
entirely or partially from metal. They include, but are not limited to, 
metal components of the following types of products as well as the 
products themselves: Fabricated metal products, small and large farm 
machinery, commercial and industrial machinery and equipment, 
automotive or transportation equipment, interior or exterior automotive 
parts, construction equipment, motor vehicle accessories, bicycles and 
sporting goods, toys, recreational vehicles, pleasure craft 
(recreational boats), extruded aluminum structural components, railroad 
cars, heavier vehicles,\1\ lawn and garden equipment, business 
machines, laboratory and medical equipment, electronic equipment, steel 
drums, metal pipes, and numerous other industrial and household 
products (hereinafter collectively referred to as ``miscellaneous metal 
parts.'') The CTG applies to manufacturers of miscellaneous metal parts 
that surface-coat the parts they produce. Miscellaneous metal parts 
coatings do not include coatings that are a part of other product 
categories listed under section 183(e) of the CAA for which

[[Page 42461]]

CTGs have been published or coatings addressed by other CTGs.
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    \1\ Heavier vehicles includes all vehicles that meet the 
definition of the term ``other motor vehicles,'' as defined in the 
National Emission Standards for Surface Coating of Automobile and 
Light-Duty Trucks at 40 CFR 63.3176.
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II. Summary of SIP Revision

    On July 28, 2014, MDE submitted to EPA a SIP revision (#14-02) 
concerning the adoption of the emission limits for metal furniture 
coatings found in the Metal Furniture Coatings CTG and miscellaneous 
metal parts coatings found in the Miscellaneous Metal and Plastic Parts 
Coatings CTG.\2\ Maryland has adopted EPA's CTG standards for metal 
furniture and miscellaneous metal parts coating processes by amending 
Regulation .08 under COMAR 26.11.19, Volatile Organic Compounds from 
Specific Sources. Specifically, this revision amends the existing 
regulation in section 26.11.19.08 by adding coating standards for both 
metal furniture and miscellaneous metal parts that are either equal to 
or more stringent than the coating standards found in EPA's CTGs. 
Additionally, new definitions and application methods were added to 
COMAR section 26.11.19.08. Tables 1 and 2 outline the emissions 
standards adopted by Maryland for metal furniture coatings and 
miscellaneous metal parts coatings. 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 online at regulations.gov, Docket number EPA-R03-OAR-2015-
0404.
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    \2\ Maryland previously submitted, and EPA subsequently 
approved, a SIP revision to meet the requirements to adopt RACT for 
plastic part coatings covered by the CTG for Miscellaneous Metal and 
Plastic Parts Coatings. See 76 FR 64020 (October 17, 2011).

 Table 1--Metal Furniture Coating VOC Content Limits--VOC Content Limits are Expressed as Mass (Kilogram (kg) or
            Pound (lb)) Per Volume (Liter (l)) of Coating Less Water and Exempt Compounds, as Applied
----------------------------------------------------------------------------------------------------------------
                                                             Air-dried                         Baked
                                                 ---------------------------------------------------------------
                     Coating                         kg VOC/l        lb VOC/l        kg VOC/l        lb VOC/l
                                                      coating         coating         coating         coating
----------------------------------------------------------------------------------------------------------------
Extreme high gloss..............................           0.340             2.8           0.360             3.0
Extreme performance.............................           0.420             3.5           0.360             3.0
General, multi-component........................           0.340             2.8           0.275             2.3
General, one-component..........................           0.275             2.3           0.275             2.3
Metallic........................................           0.420             3.5           0.420             3.5
Pretreatment....................................           0.420             3.5           0.420             3.5
Solar absorbent.................................           0.420             3.5           0.360             3.0
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     Table 2--Miscellaneous Metal Parts Coating VOC Content Limits--VOC Content Limits are Expressed as Mass
   (Kilogram (kg) or Pound (lb)) Per Volume (Liter (l)) of Coating Less Water and Exempt Compounds, as Applied
----------------------------------------------------------------------------------------------------------------
                                                             Air-dried                         Baked
                                                 ---------------------------------------------------------------
                     Coating                         kg VOC/l        lb VOC/l        kg VOC/l        lb VOC/l
                                                      coating         coating         coating         coating
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Adhesion promoter...............................           0.479             4.0           0.479             4.0
Camouflage......................................           0.340             2.8           0.420             3.5
Electric insulating varnish.....................           0.340             2.8           0.420             3.5
Etching filler..................................           0.340             2.8           0.420             3.5
Extreme high-gloss..............................           0.420             3.5           0.360             3.0
Extreme performance.............................           0.420             3.5           0.360             3.0
General, multi-component........................           0.340             2.8           0.275             2.3
General, one-component..........................           0.340             2.8           0.275             2.3
Heat-resistant..................................           0.420             3.5           0.360             3.0
High performance architectural..................           0.420             3.5           0.360             3.0
High temperature................................           0.340             2.8           0.420             3.5
Military specification..........................           0.340             2.8           0.280             2.3
Metallic........................................           0.340             2.8           0.420             3.5
Mold-seal.......................................           0.340             2.8           0.420             3.5
Pan backing.....................................           0.340             2.8           0.420             3.5
Prefabricated architectural multi-component.....           0.420             3.5           0.280             2.3
Prefabricated architectural one-component.......           0.420             3.5           0.280             2.3
Pretreatment....................................           0.340             2.8           0.420             3.5
Repair coating..................................           0.420             3.5           0.360             3.0
Silicone release................................           0.340             2.8           0.420             3.5
Solar absorbent.................................           0.420             3.5           0.360             3.0
Touch up coating................................           0.420             3.5           0.360             3.0
Vacuum-metalizing...............................           0.340             2.8           0.420             3.5
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III. Proposed Action

    EPA is proposing to approve the State of Maryland's SIP revision 
submitted on July 28, 2014, adopting the requirements of EPA's CTGs for 
the coating of metal furniture and miscellaneous metal parts, as RACT 
for these source categories. EPA is soliciting public comments on the 
issues discussed in this document. These comments will be considered 
before taking final action.

[[Page 42462]]

IV. Incorporation by Reference

    In this proposed rulemaking action, the 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, the EPA is 
proposing to incorporate by reference the MDE rules regarding control 
of VOC emissions from metal furniture and miscellaneous metal parts 
coatings as described as section II of this proposed action. The EPA 
has made, and will continue to make, these documents generally 
available electronically through www.regulations.gov and/or in hard 
copy at the appropriate EPA office (see the ADDRESSES 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 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 (Public Law 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 adoption 
of CTG recommendations for metal furniture and miscellaneous metal 
parts coatings 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: July 7, 2015.
William C. Early,
Acting, Regional Administrator, Region III.
[FR Doc. 2015-17470 Filed 7-16-15; 8:45 am]
 BILLING CODE 6560-50-P
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