80_FR_42596 80 FR 42459 - Approval and Promulgation of Air Quality Implementation Plans; Maryland; Adoption of Control Techniques Guidelines for Metal Furniture Coatings and Miscellaneous Metal Parts Coatings

80 FR 42459 - Approval and Promulgation of Air Quality Implementation Plans; Maryland; Adoption of Control Techniques Guidelines for Metal Furniture Coatings and Miscellaneous Metal Parts Coatings

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 137 (July 17, 2015)

Page Range42459-42462
FR Document2015-17470

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).

Federal Register, Volume 80 Issue 137 (Friday, July 17, 2015)
[Federal Register Volume 80, Number 137 (Friday, July 17, 2015)]
[Proposed Rules]
[Pages 42459-42462]
From the Federal Register Online  [www.thefederalregister.org]
[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.

-----------------------------------------------------------------------

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.
---------------------------------------------------------------------------

    \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
----------------------------------------------------------------------------------------------------------------


     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
----------------------------------------------------------------------------------------------------------------
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
----------------------------------------------------------------------------------------------------------------

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



                                                                               Federal Register / Vol. 80, No. 137 / Friday, July 17, 2015 / Proposed Rules                                                42459

                                                    date of final approval. EPA will notify                  provided that they meet the criteria of               Lead, Nitrogen dioxide, Ozone,
                                                    the State by letter that this action has                 the Clean Air Act. Accordingly, this                  Particulate matter, Sulfur Oxides,
                                                    occurred. At that time, this commitment                  proposed action merely approves state                 Reporting and recordkeeping
                                                    will no longer be a part of the approved                 law as meeting Federal requirements                   requirements.
                                                    New Hampshire SIP. EPA subsequently                      and does not impose additional                          Dated: July 1, 2015.
                                                    will publish a document in the Federal                   requirements beyond those imposed by                  H. Curtis Spalding,
                                                    Register notifying the public that the                   state law. For that reason, this proposed
                                                                                                                                                                   Regional Administrator, EPA New England.
                                                    conditional approval automatically                       action:
                                                    converted to a disapproval. If the State                    • Is not a significant regulatory action           [FR Doc. 2015–17475 Filed 7–16–15; 8:45 am]
                                                    meets its commitment, within the                         subject to review by the Office of                    BILLING CODE 6560–50–P

                                                    applicable time frame, the conditionally                 Management and Budget under
                                                    approved submission will remain a part                   Executive Orders 12866 (58 FR 51735,
                                                    of the SIP until EPA takes final action                  October 4, 1993) and 13563 (76 FR 3821,               ENVIRONMENTAL PROTECTION
                                                    approving or disapproving the new                        January 21, 2011);                                    AGENCY
                                                    submittal. If EPA disapproves the new                       • Does not impose an information
                                                                                                                                                                   40 CFR Part 52
                                                    submittal, the conditionally approved                    collection burden under the provisions
                                                    infrastructure SIP elements will also be                 of the Paperwork Reduction Act (44                    [EPA–R03–OAR–2015–0404; FRL–9930–61–
                                                    disapproved at that time. In addition, a                 U.S.C. 3501 et seq.);                                 Region 3]
                                                    final disapproval would trigger the                         • Is certified as not having a
                                                    Federal Implementation Plan (FIP)                        significant economic impact on a                      Approval and Promulgation of Air
                                                    requirement under section 110(c). If                     substantial number of small entities                  Quality Implementation Plans;
                                                    EPA approves the new submittal, the                      under the Regulatory Flexibility Act (5               Maryland; Adoption of Control
                                                    PSD program and relevant infrastructure                  U.S.C. 601 et seq.);                                  Techniques Guidelines for Metal
                                                    SIP elements will be fully approved and                     • Does not contain any unfunded                    Furniture Coatings and Miscellaneous
                                                    replace the conditionally approved                       mandate or significantly or uniquely                  Metal Parts Coatings
                                                    program in the SIP.                                      affect small governments, as described                AGENCY:  Environmental Protection
                                                       EPA is soliciting public comments on                  in the Unfunded Mandates Reform Act                   Agency (EPA).
                                                    the issues discussed in this proposal or                 of 1995 (Pub. L. 104–4);
                                                                                                                                                                   ACTION: Proposed rule.
                                                    on other relevant matters. These                            • Does not have Federalism
                                                    comments will be considered before                       implications as specified in Executive                SUMMARY:    The Environmental Protection
                                                    EPA takes final action. Interested parties               Order 13132 (64 FR 43255, August 10,                  Agency (EPA) is proposing to approve a
                                                    may participate in the Federal                           1999);                                                State Implementation Plan (SIP)
                                                    rulemaking procedure by submitting                          • Is not an economically significant               revision submitted by the State of
                                                    written comments to the EPA New                          regulatory action based on health or                  Maryland (Maryland). This revision
                                                    England Regional Office listed in the                    safety risks subject to Executive Order               includes amendments to Maryland’s
                                                    ADDRESSES section of this Federal                        13045 (62 FR 19885, April 23, 1997);                  regulation for the control of volatile
                                                    Register, or by submitting comments                         • Is not a significant regulatory action           organic compounds (VOC) and meets
                                                    electronically, by mail, or through hand                 subject to Executive Order 13211 (66 FR               the requirement to adopt reasonably
                                                    delivery/courier following the                           28355, May 22, 2001);                                 available control technology (RACT) for
                                                    directions in the ADDRESSES section of                      • Is not subject to requirements of                sources covered by EPA’s Control
                                                    this Federal Register.                                   Section 12(d) of the National                         Techniques Guidelines (CTG) standards
                                                                                                             Technology Transfer and Advancement                   for coatings for metal furniture and
                                                    VI. Incorporation by Reference                           Act of 1995 (15 U.S.C. 272 note) because              miscellaneous metal parts. These
                                                      In this rulemaking, the EPA is                         application of those requirements would               amendments will reduce emissions of
                                                    proposing to include in a final EPA rule                 be inconsistent with the Clean Air Act;               VOC from these source categories and
                                                    regulatory text that includes                            and                                                   help Maryland attain and maintain the
                                                    incorporation by reference. In                              • Does not provide EPA with the
                                                                                                                                                                   national ambient air quality standard
                                                    accordance with requirements of 1 CFR                    discretionary authority to address, as
                                                                                                                                                                   (NAAQS) for ozone. This action is being
                                                    51.5, the EPA is proposing to                            appropriate, disproportionate human
                                                                                                                                                                   taken under the Clean Air Act (CAA).
                                                    incorporate by reference into the New                    health or environmental effects, using
                                                    Hampshire SIP the statutes identified                    practicable and legally permissible                   DATES: Written comments must be
                                                    within Table 1 of this proposal. The                     methods, under Executive Order 12898                  received on or before August 17, 2015.
                                                    EPA has made, and will continue to                       (59 FR 7629, February 16, 1994).                      ADDRESSES: Submit your comments,
                                                    make, these documents generally                             In addition, the SIP is not approved               identified by Docket ID Number EPA–
                                                    available electronically through                         to apply on any Indian reservation land               R03–OAR–2015–0404 by one of the
                                                    www.regulations.gov and/or in hard                       or in any other area where EPA or an                  following methods:
                                                    copy at the appropriate EPA office (see                  Indian tribe has demonstrated that a                     A. www.regulations.gov. Follow the
                                                    the ADDRESSES section of this preamble                   tribe has jurisdiction. In those areas of             on-line instructions for submitting
                                                    for more information).                                   Indian country, the rule does not have                comments.
                                                                                                             tribal implications and will not impose                  B. Email: fernandez.cristina@epa.gov.
                                                    VII. Statutory and Executive Order                                                                                C. Mail: EPA–R03–OAR–2015–0404,
mstockstill on DSK4VPTVN1PROD with PROPOSALS




                                                                                                             substantial direct costs on tribal
                                                    Reviews                                                                                                        Cristina Fernandez, Associate Director,
                                                                                                             governments or preempt tribal law as
                                                      Under the CAA, the Administrator is                    specified by Executive Order 13175 (65                Office of Air Program Planning,
                                                    required to approve a SIP submission                     FR 67249, November 9, 2000).                          Mailcode 3AP30, U.S. Environmental
                                                    that complies with the provisions of the                                                                       Protection Agency, Region III, 1650
                                                    Act and applicable Federal regulations.                  List of Subjects in 40 CFR Part 52                    Arch Street, Philadelphia, Pennsylvania
                                                    42 U.S.C. 7410(k); 40 CFR 52.02(a).                        Environmental protection, Air                       19103.
                                                    Thus, in reviewing SIP submissions,                      pollution control, Incorporation by                      D. Hand Delivery: At the previously-
                                                    EPA’s role is to approve state choices,                  reference, Intergovernmental relations,               listed EPA Region III address. Such


                                               VerDate Sep<11>2014   17:50 Jul 16, 2015   Jkt 235001   PO 00000   Frm 00026   Fmt 4702   Sfmt 4702   E:\FR\FM\17JYP1.SGM   17JYP1


                                                    42460                      Federal Register / Vol. 80, No. 137 / Friday, July 17, 2015 / Proposed Rules

                                                    deliveries are only accepted during the                  FOR FURTHER INFORMATION CONTACT:                      A. Metal Furniture Coatings
                                                    Docket’s normal hours of operation, and                  Ellen Schmitt, (215) 814–5787, or by                    Metal furniture coatings include the
                                                    special arrangements should be made                      email at schmitt.ellen@epa.gov.                       coatings that are applied to the surfaces
                                                    for deliveries of boxed information.                     SUPPLEMENTARY INFORMATION: On July                    of metal furniture. A metal furniture
                                                       Instructions: Direct your comments to                 28, 2014, the State of Maryland through               substrate is the furniture or components
                                                    Docket ID No. EPA–R03–OAR–2015–                          the Maryland Department of the                        of furniture constructed either entirely
                                                    0404. EPA’s policy is that all comments                  Environment (MDE) submitted a                         or partially from metal. Metal furniture
                                                    received will be included in the public                  revision to its SIP concerning the                    includes, but is not limited to, the
                                                    docket without change, and may be                        adoption of the coating standards                     following types of products: Household,
                                                    made available online at                                 located in the Metal Furniture Coatings               office, institutional, laboratory, hospital,
                                                    www.regulations.gov, including any                       and the Miscellaneous Metal and Plastic               public building, restaurant, barber and
                                                    personal information provided, unless                    Parts Coatings CTGs.                                  beauty shop, and dental furniture, as
                                                    the comment includes information                         I. Background                                         well as components of these products.
                                                    claimed to be Confidential Business                                                                            Metal furniture also includes office and
                                                                                                                Section 172(c)(1) of the CAA provides              store fixtures, partitions, shelving,
                                                    Information (CBI) or other information                   that SIPs for nonattainment areas must
                                                    whose disclosure is restricted by statute.                                                                     lockers, lamps and lighting fixtures, and
                                                                                                             include reasonably available control                  wastebaskets. Metal furniture coatings
                                                    Do not submit information that you                       measures (RACM), including RACT for
                                                    consider to be CBI, or otherwise                                                                               include paints and adhesives and are
                                                                                                             sources of emissions. Section
                                                    protected, through www.regulations.gov                                                                         typically applied without a primer.
                                                                                                             182(b)(2)(A) provides that for certain
                                                    or email. The www.regulations.gov Web                                                                          Higher solids and powder coatings are
                                                                                                             nonattainment areas, states must revise
                                                    site is an ‘‘anonymous access’’ system,                                                                        used extensively in the metal furniture
                                                                                                             their SIPs to include RACT for sources
                                                    which means EPA will not know your                                                                             surface coating industry. Metal furniture
                                                                                                             of VOC emissions covered by a CTG
                                                    identity or contact information unless                                                                         coatings provide a covering, finish, or
                                                                                                             document issued after November 15,
                                                    you provide it in the body of your                                                                             functional or protective layer, and can
                                                                                                             1990 and prior to the area’s date of
                                                    comment. If you send an email                                                                                  also provide a decorative finish to metal
                                                                                                             attainment.
                                                    comment directly to EPA without going                       In developing these CTGs, EPA,                     furniture.
                                                    through www.regulations.gov, your                        among other things, evaluates the                     B. Miscellaneous Metal Parts Coatings
                                                    email address will be automatically                      sources of VOC emissions from these                      Miscellaneous metal parts surface
                                                    captured and included as part of the                     categories, and the available control                 coating categories include the coatings
                                                    comment that is placed in the public                     approaches for addressing these
                                                                                                                                                                   that are applied to the surfaces of a
                                                    docket and made available on the                         categories, including the cost of such
                                                                                                                                                                   varied range of metal parts and
                                                    Internet. If you submit an electronic                    approaches. Based on available
                                                                                                                                                                   products. These parts or products are
                                                    comment, EPA recommends that you                         information and data, EPA provides
                                                                                                                                                                   constructed either entirely or partially
                                                    include your name and other contact                      recommendations for RACT for VOC
                                                                                                                                                                   from metal. They include, but are not
                                                    information in the body of your                          from these categories. States can follow
                                                                                                                                                                   limited to, metal components of the
                                                    comment and with any disk or CD–ROM                      the CTGs and adopt state regulations to
                                                                                                                                                                   following types of products as well as
                                                    you submit. If EPA cannot read your                      implement the recommendations
                                                                                                                                                                   the products themselves: Fabricated
                                                    comment due to technical difficulties                    contained therein, or they can adopt
                                                                                                                                                                   metal products, small and large farm
                                                    and cannot contact you for clarification,                alternative approaches. In either case,
                                                                                                             states must submit their RACT rules to                machinery, commercial and industrial
                                                    EPA may not be able to consider your                                                                           machinery and equipment, automotive
                                                    comment. Electronic files should avoid                   EPA for review and approval as part of
                                                                                                             the SIP process. EPA will evaluate the                or transportation equipment, interior or
                                                    the use of special characters, any form                                                                        exterior automotive parts, construction
                                                    of encryption, and be free of any defects                rules and determine, through notice and
                                                                                                             comment rulemaking in the SIP                         equipment, motor vehicle accessories,
                                                    or viruses.                                                                                                    bicycles and sporting goods, toys,
                                                                                                             approval process, whether the
                                                       Docket: All documents in the                          submitted rules meet the RACT                         recreational vehicles, pleasure craft
                                                    electronic docket are listed in the                      requirements of the CAA and EPA’s                     (recreational boats), extruded aluminum
                                                    www.regulations.gov index. Although                      regulations.                                          structural components, railroad cars,
                                                    listed in the index, some information is                    In September 2007, EPA published a                 heavier vehicles,1 lawn and garden
                                                    not publicly available, i.e., CBI or other               new CTG for Metal Furniture Coatings                  equipment, business machines,
                                                    information whose disclosure is                          (EPA–453/R–07–005), and in September                  laboratory and medical equipment,
                                                    restricted by statute. Certain other                     2008, EPA published a new CTG for                     electronic equipment, steel drums,
                                                    material, such as copyrighted material,                  Miscellaneous Metal and Plastic Parts                 metal pipes, and numerous other
                                                    is not placed on the Internet and will be                Coatings (EPA–453/R–08–003). These                    industrial and household products
                                                    publicly available only in hard copy                     CTGs discuss the nature of VOC                        (hereinafter collectively referred to as
                                                    form. Publicly available docket                          emissions from these industries, the                  ‘‘miscellaneous metal parts.’’) The CTG
                                                    materials are available either                           available control technologies for                    applies to manufacturers of
                                                    electronically in www.regulations.gov or                 addressing such emissions, the cost of                miscellaneous metal parts that surface-
                                                    in hard copy during normal business                      available control options, and other                  coat the parts they produce.
                                                    hours at the Air Protection Division,                    information. EPA developed new CTGs                   Miscellaneous metal parts coatings do
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                                                    U.S. Environmental Protection Agency,                    for these industries after reviewing                  not include coatings that are a part of
                                                    Region III, 1650 Arch Street,                            existing state and local VOC emission                 other product categories listed under
                                                    Philadelphia, Pennsylvania 19103.                        reduction approaches, new source                      section 183(e) of the CAA for which
                                                    Copies of the State submittal are                        performance standards (NSPS),
                                                                                                                                                                     1 Heavier vehicles includes all vehicles that meet
                                                    available at the Maryland Department of                  previously issued CTGs, and national
                                                                                                                                                                   the definition of the term ‘‘other motor vehicles,’’
                                                    the Environment, 1800 Washington                         emission standards for hazardous air                  as defined in the National Emission Standards for
                                                    Boulevard, Suite 705, Baltimore,                         pollutants (NESHAP) for these source                  Surface Coating of Automobile and Light-Duty
                                                    Maryland 21230.                                          categories.                                           Trucks at 40 CFR 63.3176.



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                                                                                         Federal Register / Vol. 80, No. 137 / Friday, July 17, 2015 / Proposed Rules                                                                     42461

                                                    CTGs have been published or coatings                                        metal furniture and miscellaneous metal                        application methods were added to
                                                    addressed by other CTGs.                                                    parts coating processes by amending                            COMAR section 26.11.19.08. Tables 1
                                                    II. Summary of SIP Revision                                                 Regulation .08 under COMAR 26.11.19,                           and 2 outline the emissions standards
                                                                                                                                Volatile Organic Compounds from                                adopted by Maryland for metal furniture
                                                       On July 28, 2014, MDE submitted to                                       Specific Sources. Specifically, this                           coatings and miscellaneous metal parts
                                                    EPA a SIP revision (#14–02) concerning                                      revision amends the existing regulation                        coatings. A detailed summary of EPA’s
                                                    the adoption of the emission limits for
                                                                                                                                in section 26.11.19.08 by adding coating                       review of and rationale for proposing to
                                                    metal furniture coatings found in the
                                                                                                                                standards for both metal furniture and                         approve this SIP revision may be found
                                                    Metal Furniture Coatings CTG and
                                                    miscellaneous metal parts coatings                                          miscellaneous metal parts that are either                      in the Technical Support Document
                                                    found in the Miscellaneous Metal and                                        equal to or more stringent than the                            (TSD) for this action which is available
                                                    Plastic Parts Coatings CTG.2 Maryland                                       coating standards found in EPA’s CTGs.                         online at regulations.gov, Docket
                                                    has adopted EPA’s CTG standards for                                         Additionally, new definitions and                              number EPA–R03–OAR–2015–0404.

                                                     TABLE 1—METAL FURNITURE COATING VOC CONTENT LIMITS—VOC CONTENT LIMITS ARE EXPRESSED AS MASS (KILO-
                                                        GRAM (KG) OR POUND (LB)) PER VOLUME (LITER (L)) OF COATING LESS WATER AND EXEMPT COMPOUNDS, AS AP-
                                                            PLIED

                                                                                                                                                                                       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


                                                     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 COM-
                                                        POUNDS, AS APPLIED

                                                                                                                                                                                       Air-dried                               Baked
                                                                                                        Coating                                                              kg VOC/l              lb VOC/l         kg VOC/l           lb VOC/l
                                                                                                                                                                              coating               coating          coating            coating

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

                                                      2 Maryland previously submitted, and EPA                                  requirements to adopt RACT for plastic part                    Metal and Plastic Parts Coatings. See 76 FR 64020
                                                    subsequently approved, a SIP revision to meet the                           coatings covered by the CTG for Miscellaneous                  (October 17, 2011).



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                                                    42462                      Federal Register / Vol. 80, No. 137 / Friday, July 17, 2015 / Proposed Rules

                                                    IV. Incorporation by Reference                           Technology Transfer and Advancement                       • Federal eRulemaking Portal: http://
                                                       In this proposed rulemaking action,                   Act of 1995 (15 U.S.C. 272 note) because               www.regulations.gov. Follow the online
                                                    the EPA is proposing to include in a                     application of those requirements would                instructions for submitting comments.
                                                    final EPA rule, regulatory text that                     be inconsistent with the CAA; and                      Do not submit electronically any
                                                                                                               • does not provide EPA with the                      information you consider to be
                                                    includes incorporation by reference. In
                                                                                                             discretionary authority to address, as                 Confidential Business Information (CBI)
                                                    accordance with requirements of 1 CFR
                                                                                                             appropriate, disproportionate human                    or other information whose disclosure is
                                                    51.5, the EPA is proposing to
                                                                                                             health or environmental effects, using                 restricted by statute.
                                                    incorporate by reference the MDE rules
                                                    regarding control of VOC emissions
                                                                                                             practicable and legally permissible                       • Mail: OPP Docket, Environmental
                                                                                                             methods, under Executive Order 12898                   Protection Agency Docket Center (EPA/
                                                    from metal furniture and miscellaneous
                                                                                                             (59 FR 7629, February 16, 1994).                       DC), (28221T), 1200 Pennsylvania Ave.
                                                    metal parts coatings as described as
                                                                                                               In addition, this proposed rule,                     NW., Washington, DC 20460–0001.
                                                    section II of this proposed action. The
                                                    EPA has made, and will continue to
                                                                                                             pertaining to Maryland’s adoption of                      • Hand Delivery: To make special
                                                                                                             CTG recommendations for metal                          arrangements for hand delivery or
                                                    make, these documents generally
                                                                                                             furniture and miscellaneous metal parts                delivery of boxed information, please
                                                    available electronically through
                                                                                                             coatings does not have tribal                          follow the instructions at http://
                                                    www.regulations.gov and/or in hard
                                                                                                             implications as specified by Executive                 www.epa.gov/dockets/contacts.html.
                                                    copy at the appropriate EPA office (see
                                                                                                             Order 13175 (65 FR 67249, November 9,                     Additional instructions on
                                                    the ADDRESSES section of this preamble
                                                                                                             2000), because the SIP is not approved                 commenting or visiting the docket,
                                                    for more information).
                                                                                                             to apply in Indian country located in the              along with more information about
                                                    V. Statutory and Executive Order                         state, and EPA notes that it will not                  dockets generally, is available at
                                                    Reviews                                                  impose substantial direct costs on tribal              http://www.epa.gov/dockets.
                                                       Under the CAA, the Administrator is                   governments or preempt tribal law.
                                                                                                                                                                    FOR FURTHER INFORMATION CONTACT:
                                                    required to approve a SIP submission                     List of Subjects in 40 CFR Part 52                     Susan Lewis, Director, Registration
                                                    that complies with the provisions of the                   Environmental protection, Air                        Division (RD) (7505P), main telephone
                                                    CAA and applicable Federal regulations.                  pollution control, Incorporation by                    number: (703) 305–7090; email address:
                                                    42 U.S.C. 7410(k); 40 CFR 52.02(a).                      reference, Ozone, Reporting and                        RDFRNotices@epa.gov, Robert McNally,
                                                    Thus, in reviewing SIP submissions,                      recordkeeping requirements, Volatile                   Director, Biopesticide and Pollution
                                                    EPA’s role is to approve state choices,                  organic compounds.                                     Prevention Division (BPPD), main
                                                    provided that they meet the criteria of                                                                         telephone number: (703) 305–7090;
                                                    the CAA. Accordingly, this action                             Authority: 42 U.S.C. 7401 et seq.                 email address: BPPDFRNotices@
                                                    merely approves state law as meeting                      Dated: July 7, 2015.                                  epa.gov. The mailing address for each
                                                    Federal requirements and does not                        William C. Early,                                      contact person is: Office of Pesticide
                                                    impose additional requirements beyond                    Acting, Regional Administrator, Region III.            Programs, Environmental Protection
                                                    those imposed by state law. For that                     [FR Doc. 2015–17470 Filed 7–16–15; 8:45 am]            Agency, 1200 Pennsylvania Ave. NW.,
                                                    reason, this proposed action:                            BILLING CODE 6560–50–P
                                                                                                                                                                    Washington, DC 20460–0001. As part of
                                                       • Is not a ‘‘significant regulatory                                                                          the mailing address, include the contact
                                                    action’’ subject to review by the Office                                                                        person’s name, division, and mail code.
                                                    of Management and Budget under                           ENVIRONMENTAL PROTECTION                               The division to contact is listed at the
                                                    Executive Order 12866 (58 FR 51735,                      AGENCY                                                 end of each pesticide petition summary.
                                                    October 4, 1993);                                                                                               SUPPLEMENTARY INFORMATION:
                                                       • does not impose an information                      40 CFR Part 174
                                                    collection burden under the provisions                                                                          I. General Information
                                                                                                             [EPA–HQ–OPP–2015–0032; FRL–9929–13]
                                                    of the Paperwork Reduction Act (44                                                                              A. Does this Action apply to me?
                                                    U.S.C. 3501 et seq.);                                    Receipt of Several Pesticide Petitions
                                                       • is certified as not having a                        Filed for Residues of Pesticide
                                                                                                                                                                       You may be potentially affected by
                                                    significant economic impact on a                                                                                this action if you are an agricultural
                                                                                                             Chemicals in or on Various
                                                    substantial number of small entities                                                                            producer, food manufacturer, or
                                                                                                             Commodities
                                                    under the Regulatory Flexibility Act (5                                                                         pesticide manufacturer. The following
                                                    U.S.C. 601 et seq.);                                     AGENCY:  Environmental Protection                      list of North American Industrial
                                                       • does not contain any unfunded                       Agency (EPA).                                          Classification System (NAICS) codes is
                                                    mandate or significantly or uniquely                     ACTION: Notice of filing of petitions and              not intended to be exhaustive, but rather
                                                    affect small governments, as described                   request for comment.                                   provides a guide to help readers
                                                    in the Unfunded Mandates Reform Act                                                                             determine whether this document
                                                    of 1995 (Public Law 104–4);                              SUMMARY:   This document announces the                 applies to them. Potentially affected
                                                       • does not have Federalism                            Agency’s receipt of several initial filings            entities may include:
                                                    implications as specified in Executive                   of pesticide petitions requesting the                     • Crop production (NAICS code 111).
                                                    Order 13132 (64 FR 43255, August 10,                     establishment or modification of                          • Animal production (NAICS code
                                                    1999);                                                   regulations for residues of pesticide                  112).
                                                       • is not an economically significant                  chemicals in or on various commodities.                   • Food manufacturing (NAICS code
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                                                    regulatory action based on health or                     DATES: Comments must be received on                    311).
                                                    safety risks subject to Executive Order                  or before August 17, 2015.                                • Pesticide manufacturing (NAICS
                                                    13045 (62 FR 19885, April 23, 1997);                     ADDRESSES: Submit your comments,                       code 32532).
                                                       • is not a significant regulatory action              identified by docket identification (ID)                  If you have any questions regarding
                                                    subject to Executive Order 13211 (66 FR                  number and the pesticide petition                      the applicability of this action to a
                                                    28355, May 22, 2001);                                    number (PP) of interest as shown in the                particular entity, consult the person
                                                       • is not subject to requirements of                   body of this document, by one of the                   listed under FOR FURTHER INFORMATION
                                                    Section 12(d) of the National                            following methods:                                     CONTACT for the division listed at the



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Document Created: 2018-02-23 09:21:19
Document Modified: 2018-02-23 09:21:19
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesWritten comments must be received on or before August 17, 2015.
ContactEllen Schmitt, (215) 814-5787, or by email at [email protected]
FR Citation80 FR 42459 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds

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