PAUL R . LEPAGE GOVERNOR MEMORANDUM TO : FROM : DATE: RE: Board of Environmental Protection

Jeff Crawford, Bureau ofAir Quality September 2, 2010 Post to 30-day Comment Period: Chapter 129 Surface Coating Facilities DARRYL N. BROWN COMMISSIONER

including Appendix A > Statutory and Regulatory Reference: A .

B . Statutory authority. 38 MRSA Section 585-Aprovides that the Board of Environmental Protection "may establish and amend regulations to implement ambient air quality standards and emission standards. These regulations shall be designed to achieve and maintain ambient air quality standards and emission standards within anyregion and prevent air pollution." Specific legal mandates requiring adoption. Section 184 of the Clean Air Act requires states to implement or update reasonably available control technology (RACT) controls on all major VOCand NOx emission sources and on source categories covered by a Control Technique Guideline (CTG) document. EPA developed updated CTG : Control Technique Guidelines for Metal Furniture Coatings (September 2007) and Control Technique Guidelinesfor Flat Wood Paneling Coatings (September 2006) . Location/Applicability: Theproposed amendments will apply statewide.

AUGUSTA 17 STATE HOUSE STATION AUGUSTA, MAINE 04333-0017 (207) 287-7688 FAX

: (207) 287-7826 RAY BLDG

., HOSPITAL ST. STATE OF MAINE DEPARTMENT OF ENVIRONMENTAL PROTECTION

BANGOR PORTLAND PRESQUE ISLE 106 HOGAN ROAD, SUITE 6 312 CANCOROAD 1235 CENTRAL DRIVE, SKYWAY PARK BANGOR, MAINE 04401 PORTLAND, MAINE 04103 PRESQUE ISLE, MAINE 04679-2094 (207) 941-4570 FAX

: (207) 941-4584 (207) 822-6300 FAX : (207) 822-6303 (207) 764-0477 FAX : (207) 760-3143 web site: www

.maine .gov/depDescription:

Section 184 of the Clean Air Act requires states to implement or update reasonably available control technology (RACT) controls on all major VOCand NOx emission sources and on source categories covered by a Control Technique Guideline (CTG) document . EPAdefines RACT as the lowest emission limit that a particular source is capable ofmeeting by the application of control technology that is reasonably available considering technological and economic feasibility. In the late 1970's, EPApublished CTGs recommending VOCcontrols for flat wood paneling and metal furniture, whichwere updated in September 2006 and September 2007, respectively. The Department is proposing to include these updates in Chapter 129 and amend Appendix A, accordingly. Flat wood paneling: Most flat wood coating facilities apply stains and varnishes to natural plywood panels used for wall coverings, as well as fillers, sealers, primers, basecoats, inks, and topcoats. This category also includes tileboard and exterior siding made of solid wood, hardwood, or waferboard. The Department's proposal expands the types of paneling regulated by Chapter 129to include exterior siding and tileboard. Emission limits for these two categories were not addressed in the 1978 CTGdocument . The amendments lower the threshold above which sources are subject to the rule to 15 lbs/day of VOC (from10 tons per year) . VOCemission limits are expressed in weight pervolume units instead of a weight per surface area coated in the existing rule. Metal furniture: Metal furniture coatings includepaints and adhesives and are typically applied without a primer. " The amendments provide VOClimits for eight types of coatings used on metal furniture and list 6 coatings that are not subject to the rule. " The amendments lower the threshold to 15 lbs/day (from10 tons per year) above which sources are subject to VOCcontrols. The Department is proposing these amendments as part ofits effort to satisfy the RACT requirements mandated under the CAAand regulations related to the 1997 8-hour ozone NAAQS . According to the EPA's Final Rule to Implement the 8-Hour Ozone NAAQS (70 FR 71612, November 29, 2005), areas classified as "moderate" nonattainment or higherl must submit a revision to the SIPrules for all CTGcategories. The proposed amendments to Chapter 129will fulfill Maine's obligation to promulgate rules and implement controls incorporating the CTGrecommendations for metal furniture and flat wood paneling coatings.

1 Maine is treated as a moderate nonattainment area under the Clean AirAct by way ofits inclusion in the Ozone Transport Region.Environmental Issues :

Volatile organic compounds contribute to ground-level ozone formation or smog which aggravates respiratory ailments such as asthma, bronchitis, and emphysema. The presence of ozone impedes thebreathing of even healthy people. Departmental Recommendation: The Department recommends that the Board post the proposed Chapter 129, including Appendix A, to a 30-day comment period. Estimated Time of Presentation: 10 minutes