Statement of the Air and Radiat ion Management Administration Department of the Environment for the Public Hearing Relating to Proposed Adhesives and Sealants VOC Regulations under COMAR 26.11.35 and Amendments to Control of VOCs from Chemical Production and Polytetrafluoroethylene Installations under COMAR 26.11.19.30 held on January 23, 2008 Baltimore, MD

My nam e is Husain W a heed. I am the Public Health Engineer of the Regulation Developm ent Division of the Air and Radiation Managem e nt Adm i nistration, Departm e nt of the Environm ent.

This public hearing is being held pursuant to the requirem e nts of 40 CFR Section 51.102 and Sections 2-301 et.seq. of the Environm ent Artic le, Annotated Code of Maryland. It is also being held in conform a nce with the State Adm i nistrative Procedures Act under the State Governm e nt Article, beginning at Section 10-101.

Notice of this hearing appeared in the:

Maryland Register on Decem ber 21, 2007; MDE' s website from Decem ber 12, 2007 to January 23, 2008; Baltim ore Sun on Decem ber 21, 2007; Saint Mary' s Enterprise on Decem ber 21, 2007; Cum b erland Tim e s-News on Decem ber 21, 2007; Frederick News-Post on Decem ber 21, 2007; Salisbury Daily Tim e s on Decem ber 21, 2007; and the W a shington Post on Decem ber 20, 2007.

Copies of these notices were subm itted f o r the record.

Copies of the proposed action and supporting docum ents were subm itted for review to the State Clearinghouse and are also subm itted at this tim e into the hearing record. Copies were also m a de available for public inspection at th e Air and Radiation Managem e nt Adm i nistration offices in Baltim ore, Cum b erland, and Salisbury, and at all local health departm e nts or local air quality control of f i ces.

The purpose of today' s hearing is to give the public an opportunity to com m e nt on the new Regulations .01 - .07 under a new chapter, COMAR 26.11.35 Control of VOC Em issions from Adhesives and Sealants and proposed am endm ents to Regulation .30 under COMAR 26.11.19 Control of Volatile Organic Com pounds from Chem ical Production and Polytetraf luoroethylene Installations.

Summary

1The proposed regulations, Control of VOC Em issions from Adhesives and Sealants under a new chapter COMAR 26.11.35, beginning January 1, 2009, accom p lish the following:

A. Set standards for the application of adhesives, sealants, adhesive prim ers and sealant prim ers by providing options for appliers to either use a product with a VOC content equal to or less than a specified lim it or to use add-on controls; B. Establish standards for cleanup solvents; C. Establish a VOC lim it for surface preparation solvents; D. Provide for an alternative add-on control system requirem e nt of at least 85 percent overall control efficiency (capture and destruction), by weight; E. Provide exem ptions for certain operations such as m e dical and defense equipm ent m a nufacturing and for sm all containers; F. Require sim p lified records of m a terials used and VOC content to be

m a intained for 5 years. More detailed records are required for non-com p liant products on

m a terial usage from persons who qualify for exem ptions; G. Require that VOC-containing m a terials m u st be stored or disposed of in closed containers; H. Prohibit the sale of any adhesive, sealant, adhesive prim er or sealant prim er that exceeds the VOC content lim its; I. Require m a nufacturers to label containers with the m a xim u m VOC content as supplied, as well as the m a xim u m VOC content on an as-applied basis when used in accordance with the m a nufacturer’s recom m e ndations regarding thinning, reducing, or m i xing with any other VOC containing m a terial; and J. Prohibit the specification of any adhesive, prim er, or sealant that violates the provisions of the proposed regulations.

The basis for the adhesive and sealant regulations is a regional m odel rule developed by staff of m e m b er states, including Maryland, and the Ozone Transport Com m i ssion (OTC) in 2006. The m odel rule itself was based in large part upon the reasonably available control technology (RACT) and best available retrofit control technology (BARCT) determ ination developed in 1998 by the California Air Resour ces Board (CARB). Based upon a review of those standards and com m e nts received at public m eetings, the OTC states finalized a m odel rule suitable for im plem entation in the Northeast in early 2007. The proposed adhesive and sealant regulations reflect am endm ents to the OTC m odel rule m a de by the Departm e nt in response to

com m e nts received during the Maryland stakeholder process.

Am endm ents to COMAR 26.11.19.30 expand the regulation to include fluoropolym er

m a terials and establish an exem ption level for the applicability of standards under COMAR 26.11.35 for adhesive application.

Maryland’s State Implementation Plan (SIP)

These am endm ents and new regulations will be subm itted to the U.S. Environm ental Protection Agency as a revision to Maryland’s State Im plem entation Plan.

Consideration of Comments

2The Departm e nt will consider all com m e nts before m a king a decision to adopt these

am endm ents and new regulations.

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