PAUL R. LEPAGE 

GOVERNOR 

MEMORANDUM 

TO : 

FROM: 

DATE: 

Board of Environmental Protection 

Jeff Crawford, Bureau of Air Quality 

January 6, 2011 

DARRYL N. BROWN 

COMMISSIONER 

RE : Adoption: Chapter 129 Surface Coating Facilities including Appendix A 

Statutory and Regulatory Reference: 

A. 

B. 

Statutory authority. 

38 MRSA Section 585-A provides 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 any region 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 VOC and 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 Guidelines for Flat Wood Paneling 

Coatings (September 2006). 

Location/Applicability : 

The amendments 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 CANCO ROAD 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/dep 
Descriution: 

Background: Section 184 of the Clean Air Act requires states to implement or update reasonably 

available control technology (RACT) controls on all major VOC and NOx emission sources and 

on source categories covered by a Control Technique Guideline (CTG) document. EPA defines 

RACT as the lowest emission limit that a particular source is capable of meeting by the 

application of control technology that is reasonably available considering technological and 

economic feasibility. In the late 1970's, EPA published CTGs recommending VOC controls for 

flat wood paneling and metal furniture, which were 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 129 to 

include exterior siding and tileboard. Emission limits for these two categories were not 

addressed in the 1978 CTG document. 

" The amendments lower the threshold above which sources are subject to the rule to 15 

lbs/day of VOC (from 10 tons per year). 

" VOC emission limits are expressed in weight per volume units instead of a weight per 

surface area coated in the existing rule . 

Metal furniture: Metal furniture coatings include paints and adhesives and are typically applied 

without a primer. 

" The amendments provide VOC limits for eight types of coatings used on metal furniture 

and list 6 coatings that are exempt from the rule . 

" The amendments lower the threshold to 151bs/day (from 10 tons per year) above which 

sources are subject to VOC controls. 

The Department is proposing these amendments as part of its effort to satisfy the RACT 

requirements mandated under the CAA and 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 higher' must 

submit a revision to the SIP rules for all CTG categories. The proposed amendments to Chapter 

129 will fulfill Maine's obligation to promulgate rules and implement controls incorporating the 

CTG recommendations for metal furniture and flat wood paneling coatings . 

1 Maine is treated as a moderate nonattainment area under the Clean Air Act by way of its inclusion in the Ozone Transport Region . 
Discussion : Based on comments received from two people during the comment period, the 

Department amended its original proposal in the following area. Under the metal furniture 

category, the Department has changed the VOC limits to 3 .5 lb/gal and 6.7 lb/gal for two 

specialty coatings (metallic and pretreatment coatings) to correspond with the limits in the CTG. 

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 the breathing of even healthy people. 

Departmental Recommendation : 

The Department recommends that the Board adopt Chapter 129, including Appendix A, as 

presented. 

Estimated Time of Presentation: 

10 minutes