81 FR 85455 - Approval and Promulgation of Air Quality Implementation Plans; Maryland; New Regulations for Architectural and Industrial Maintenance Coatings
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 228 (November 28, 2016)
Federal Register Volume 81, Issue 228 (November 28, 2016)
| Page Range | 85455-85457 | |
| FR Document | 2016-28436 |
[Federal Register Volume 81, Number 228 (Monday, November 28, 2016)] [Proposed Rules] [Pages 85455-85457] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-28436] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R03-OAR-2016-0454; FRL-9955-51-Region 3] Approval and Promulgation of Air Quality Implementation Plans; Maryland; New Regulations for Architectural and Industrial Maintenance 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. This revision pertains to a provision establishing new volatile organic compound (VOC) content limits and standards for architectural and industrial maintenance (AIM) coatings available for sale and use in Maryland. This action is being taken under the Clean Air Act (CAA). DATES: Written comments must be received on or before December 28, 2016. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03- OAR-2016-0454 at http://www.regulations.gov, or via email to [email protected]. For comments submitted at Regulations.gov, follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. For either manner of submission, EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be confidential business information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. EPA will generally not consider comments or comment contents located outside of the primary submission (i.e. on the web, cloud, or other file sharing system). For additional submission methods, please contact the person identified in the FOR FURTHER INFORMATION CONTACT section. For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Irene Shandruk, (215) 814-2166, or by email at [email protected]. SUPPLEMENTARY INFORMATION: I. Background In 2001, the Ozone Transport Commission (OTC), in collaboration with the Ozone Transport Region (OTR) states, developed several emission reduction measures, including a VOC model rule for AIM coatings (known as the Phase I AIM model rule), which addressed VOC reductions in the OTR. In 2004, consistent with the OTC Phase I AIM model rule, Maryland adopted COMAR 26.11.33--Architectural Coatings, which established VOC content limits, recordkeeping and labeling requirements, and standard practices for use and application of coatings used in architectural and industrial maintenance. The Phase I AIM model rule was replaced with an amended OTC model rule in 2011 (known as the Phase II AIM model rule). The Phase II AIM model rule was developed for states that needed additional VOC emission [[Page 85456]] reductions in order to meet the ozone national ambient air quality standards (NAAQS). Consistent with the Phase II AIM model rule, Maryland developed and adopted COMAR 26.11.39--Architectural and Industrial Maintenance Coatings, which is an updated version of COMAR 26.11.33. II. Summary of SIP Revision On June 27, 2016, the Maryland Department of the Environment (MDE) submitted to EPA a SIP revision containing new AIM regulations .01 through .08 under COMAR 26.11.39--Architectural and Industrial Maintenance Coatings. The new regulations apply to any person who manufactures, blends, thins, supplies, sells, offers for sale, repackages for sale, or applies architectural and industrial maintenance coatings in Maryland. Maryland's new AIM regulations establish more stringent VOC content limits (Table 1) and standards for AIM coating categories than in COMAR 26.11.33, as well as establish container labeling requirements, reporting requirements, and compliance procedures. The requirements of COMAR 26.11.39 will supersede those of COMAR 26.11.33. A more detailed explanation and analysis of COMAR 26.11.39 can be found in the Technical Support Document (TSD) for this rulemaking under Docket ID No. EPA-R03-OAR-2016-0454.\1\ --------------------------------------------------------------------------- \1\ The TSD contains a comparison of VOC content limits in COMAR 26.11.39 and COMAR 26.11.33, demonstrating additional VOC emission reduction potential from COMAR 26.11.39 for this source category. The TSD also describes some AIM categories that were consolidated or added in the new COMAR 26.11.39 compared to COMAR 26.11.33, which EPA had previously approved for the Maryland SIP. However, none of these adjustments removed any VOC content limits from the Maryland regulation, which EPA had approved previously into the Maryland SIP. Table 1--VOC Content Limits Under COMAR 26.11.39 for Various AIM Coating Categories ------------------------------------------------------------------------ Maryland's new VOC content limits Architectural and industrial maintenance coatings (grams/liter) category under COMAR 26.11.39 ------------------------------------------------------------------------ Flat coatings....................................... 50 Non-flat coatings................................... 100 Non-flat--high gloss coatings....................... 150 Specialty Coatings: Aluminum roof coatings.............................. 450 Basement specialty coatings......................... 400 Bituminous roof coatings............................ 270 Bituminous roof primers............................. 350 Bond breakers....................................... 350 Calcimine recoater.................................. 475 Concrete curing compounds........................... 350 Concrete/masonry sealers............................ 100 Concrete surface retarders.......................... 780 Conjugated oil varnish.............................. 450 Conversion varnish.................................. 725 Driveway sealers.................................... 50 Dry fog coatings.................................... 150 Faux finishing coatings............................. 350 Fire-resistive coatings............................. 350 Floor coatings...................................... 100 Form-release coatings............................... 250 Graphic arts coatings (Sign paints)................. 500 High-temperature coatings........................... 420 Impacted immersion coatings......................... 780 Industrial maintenance coatings..................... 250 Low-solids coatings................................. 120 Magnesite cement coatings........................... 450 Mastic texture coatings............................. 100 Metallic pigmented coatings......................... 500 Multi-color coatings................................ 250 Nuclear coatings.................................... 450 Pre-treatment wash primers.......................... 420 Primers, sealers, and undercoaters.................. 100 Reactive penetrating sealers........................ 350 Reactive penetrating carbonate stone sealers........ 500 Recycled coatings................................... 250 Roof coatings....................................... 250 Rust preventative coatings.......................... 250 Shellacs: Clear............................................... 730 Opaque.............................................. 550 Specialty primers, sealers, and undercoaters........ 100 Stains.............................................. 250 Stone consolidant................................... 450 Swimming pool coatings.............................. 340 Thermoplastic rubber coatings and mastic............ 550 Traffic marking coatings............................ 100 Tub and tile refinish coatings...................... 420 Waterproofing membranes............................. 250 Wood coatings....................................... 275 [[Page 85457]] Wood preservatives.................................. 350 Zinc-rich primers................................... 340 ------------------------------------------------------------------------ III. Proposed Action EPA's review of this material indicates that Maryland's new regulations for AIM coatings under COMAR 26.11.39 are based on the OTC's Phase II AIM model rule and establish more stringent VOC content limits and requirements for certain AIM coating categories compared to COMAR 26.11.33. Therefore, these new regulations should lead to additional VOC reductions from this category. Additionally, Maryland's new AIM coating regulations are more stringent than the federal standards found at 40 CFR 59, subpart D--National Volatile Organic Compound Emission Standards for Architectural Coatings, which in 1998 established nationwide VOC content limits and other requirements for manufacturers of architectural coatings. EPA expects more stringent VOC content limits will reduce emissions of VOCs, a precursor to ozone formation. Reduced VOC emissions and reduced ozone formation will assist Maryland with attaining and maintaining the ozone NAAQS. EPA proposes to add COMAR 26.11.39 to the Maryland SIP as a SIP strengthening measure. Pursuant to section 110 of the CAA, EPA is proposing to approve Maryland's new AIM coating provision, COMAR 26.11.39, which was submitted on June 27, 2016, as a revision to the Maryland SIP. EPA is soliciting public comments on the issues discussed in this document. These comments will be considered before taking final action. IV. Incorporation by Reference In this proposed rule, 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, EPA is proposing to incorporate by reference Maryland's new regulations for AIM coatings under COMAR 26.11.39. EPA has made, and will continue to make, these materials generally available through http://www.regulations.gov and/or at the EPA Region III Office (please contact the person identified in the FOR FURTHER INFORMATION CONTACT 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 Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); 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 (Pub. L. 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 new regulations for AIM coatings under COMAR 26.11.39, 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: November 10, 2016. Shawn M. Garvin, Regional Administrator, Region III. [FR Doc. 2016-28436 Filed 11-25-16; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 81, No. 228 / Monday, November 28, 2016 / Proposed Rules 85455
Example 1. (i) Taxpayer is engaged in the of this section, Pool P may be combined with DATES: Written comments must be
trade or business of wholesaling products A, Pool J, the largest IPIC pool of resale goods. received on or before December 28,
B, and C. Taxpayer also manufactures a small (v) Although Pool Q also comprises less 2016.
quantity of identical products for sale to than 5 percent of the total current-year cost
customers. Taxpayer treats its wholesaling of all dollar-value pools, under paragraph ADDRESSES: Submit your comments,
and manufacturing activities as a single trade (c)(2)(ii) of this section, Pool Q may not be identified by Docket ID No. EPA–R03–
or business. Taxpayer uses the IPIC method combined with Pool J, the largest pool of OAR–2016–0454 at http://
described in paragraph (e)(3) of this section. resale goods, or Pool M, the largest pool of www.regulations.gov, or via email to
Pursuant to its election, Taxpayer establishes manufactured goods. pino.maria@epa.gov. For comments
dollar-value pools for the wholesale items * * * * * submitted at Regulations.gov, follow the
purchased for resale under paragraph (c)(2)(i) (e) * * * online instructions for submitting
of this section, based on the 2-digit (3) * * * comments. Once submitted, comments
commodity codes in Table 9 of the PPI
(ii) Eligibility. Any taxpayer electing cannot be edited or removed from
Detailed Report. Taxpayer also establishes
dollar-value pools for the manufactured to use the dollar-value LIFO method Regulations.gov. For either manner of
items under paragraph (c)(2)(ii) of this may elect to use the IPIC method. submission, EPA may publish any
section, based on the 2-digit commodity Except as provided in other published comment received to its public docket.
codes in Table 9 of the PPI Detailed Report. guidance, a taxpayer that elects to use Do not submit electronically any
Taxpayer does not choose to use the 5- the IPIC method for a specific trade or information you consider to be
percent rules under paragraphs (c)(2)(i) and business must use that method to confidential business information (CBI)
(ii) of this section. account for all items of dollar-value or other information whose disclosure is
(ii) Even though Taxpayer has resale and LIFO inventory. restricted by statute. Multimedia
manufactured items that share the same 2- submissions (audio, video, etc.) must be
digit commodity codes, under paragraph * * * * *
(v) Effective/applicability date. The accompanied by a written comment.
(c)(2)(iii) of this section, Taxpayer’s resale
goods may not be included in the same IPIC rules of this paragraph (e)(3) and The written comment is considered the
pool as its manufactured goods. paragraphs (b)(4) and (c)(2) of this official comment and should include
Example 2.(i) The facts are the same as in section are applicable for taxable years discussion of all points you wish to
Example 1, except Taxpayer establishes three ending on or after the date the Treasury make. EPA will generally not consider
IPIC pools for its wholesale activities and decision adopting these rules as final comments or comment contents located
three IPIC pools for its manufacturing regulations is published in the Federal outside of the primary submission (i.e.
activities. Further, Taxpayer chooses to use on the web, cloud, or other file sharing
the 5-percent rules of paragraphs (c)(2)(i) and
Register.
system). For additional submission
(ii) of this section. The percentage of total * * * * *
methods, please contact the person
current-year cost of each IPIC pool to the
current-year cost of all dollar-value pools for
John Dalrymple, identified in the FOR FURTHER
the trade or business is as follows: Deputy Commissioner for Services and INFORMATION CONTACT section. For the
Enforcement. full EPA public comment policy,
Percentage of total [FR Doc. 2016–28375 Filed 11–25–16; 8:45 am] information about CBI or multimedia
current-year cost of BILLING CODE 4830–01–P submissions, and general guidance on
IPIC pool to cur- making effective comments, please visit
rent-year cost of all
dollar-value pools http://www2.epa.gov/dockets/
(%) commenting-epa-dockets.
ENVIRONMENTAL PROTECTION FOR FURTHER INFORMATION CONTACT:
Wholesaling Pools: AGENCY Irene Shandruk, (215) 814–2166, or by
Pool J .................... 90 email at shandruk.irene@epa.gov.
Pool K .................... 1 40 CFR Part 52
SUPPLEMENTARY INFORMATION:
Pool L .................... 1
Manufacturing Pools: [EPA–R03–OAR–2016–0454; FRL–9955–51- I. Background
Pool M ................... 6 Region 3]
Pool N .................... 1 In 2001, the Ozone Transport
Pool O ................... 1
Approval and Promulgation of Air Commission (OTC), in collaboration
Quality Implementation Plans; with the Ozone Transport Region (OTR)
100
Maryland; New Regulations for states, developed several emission
Architectural and Industrial reduction measures, including a VOC
(ii) For purposes of applying the 5-percent model rule for AIM coatings (known as
rules to Taxpayer’s wholesaling operations Maintenance Coatings
the Phase I AIM model rule), which
under paragraph (c)(2)(i) of this section,
AGENCY: Environmental Protection addressed VOC reductions in the OTR.
because Pools K and Pool L each comprise
less than 5 percent of the total current-year Agency (EPA). In 2004, consistent with the OTC Phase
cost of all dollar-value pools, Pools K and L ACTION: Proposed rule. I AIM model rule, Maryland adopted
may be combined to form a single COMAR 26.11.33—Architectural
miscellaneous pool of wholesale goods (new SUMMARY: The Environmental Protection Coatings, which established VOC
Pool P). Agency (EPA) is proposing to approve a content limits, recordkeeping and
(iii) For purposes of applying the 5-percent state implementation plan (SIP) revision labeling requirements, and standard
rules to Taxpayer’s manufacturing operations submitted by the State of Maryland. practices for use and application of
mstockstill on DSK3G9T082PROD with PROPOSALS
under paragraph (c)(2)(ii) of this section, This revision pertains to a provision coatings used in architectural and
because Pools N and O each comprise less establishing new volatile organic industrial maintenance.
than 5 percent of the total current-year cost
compound (VOC) content limits and The Phase I AIM model rule was
of all dollar-value pools, Pools N and O may
be combined to form a single miscellaneous standards for architectural and replaced with an amended OTC model
pool of manufactured goods (new Pool Q). industrial maintenance (AIM) coatings rule in 2011 (known as the Phase II AIM
(iv) Because Pool P comprises less than 5 available for sale and use in Maryland. model rule). The Phase II AIM model
percent of the total current-year cost of all This action is being taken under the rule was developed for states that
dollar-value pools, under paragraph (c)(2)(i) Clean Air Act (CAA). needed additional VOC emission
VerDate Sep<11>2014 16:30 Nov 25, 2016 Jkt 241001 PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 E:\FR\FM\28NOP1.SGM 28NOP1](https://thefederalregister.org/doc/81_FR_85683/page/1.svg)
![Federal Register / Vol. 81, No. 228 / Monday, November 28, 2016 / Proposed Rules 85457
TABLE 1—VOC CONTENT LIMITS UNDER COMAR 26.11.39 FOR VARIOUS AIM COATING CATEGORIES—Continued
Maryland’s new
VOC content limits
Architectural and industrial maintenance coatings category (grams/liter) under
COMAR 26.11.39
Wood preservatives ..................................................................................................................................................................... 350
Zinc-rich primers .......................................................................................................................................................................... 340
III. Proposed Action V. Statutory and Executive Order methods, under Executive Order 12898
Reviews (59 FR 7629, February 16, 1994).
EPA’s review of this material In addition, this proposed rule
indicates that Maryland’s new Under the CAA, the Administrator is
required to approve a SIP submission pertaining to Maryland’s new
regulations for AIM coatings under regulations for AIM coatings under
COMAR 26.11.39 are based on the that complies with the provisions of the
CAA and applicable Federal regulations. COMAR 26.11.39, does not have tribal
OTC’s Phase II AIM model rule and implications as specified by Executive
establish more stringent VOC content 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, Order 13175 (65 FR 67249, November 9,
limits and requirements for certain AIM 2000), because the SIP is not approved
coating categories compared to COMAR EPA’s role is to approve state choices,
provided that they meet the criteria of to apply in Indian country located in the
26.11.33. Therefore, these new state, and EPA notes that it will not
regulations should lead to additional the CAA. Accordingly, this action
merely approves state law as meeting impose substantial direct costs on tribal
VOC reductions from this category. governments or preempt tribal law.
Additionally, Maryland’s new AIM Federal requirements and does not
coating regulations are more stringent impose additional requirements beyond List of Subjects in 40 CFR Part 52
than the federal standards found at 40 those imposed by state law. For that Environmental protection, Air
CFR 59, subpart D—National Volatile reason, this proposed action: pollution control, Incorporation by
Organic Compound Emission Standards • Is not a ‘‘significant regulatory
reference, Ozone, Reporting and
for Architectural Coatings, which in action’’ subject to review by the Office
recordkeeping requirements, Volatile
1998 established nationwide VOC of Management and Budget under
organic compounds.
content limits and other requirements Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821, Authority: 42 U.S.C. 7401 et seq.
for manufacturers of architectural
coatings. EPA expects more stringent January 21, 2011); Dated: November 10, 2016.
• does not impose an information Shawn M. Garvin,
VOC content limits will reduce
collection burden under the provisions Regional Administrator, Region III.
emissions of VOCs, a precursor to ozone
of the Paperwork Reduction Act (44
formation. Reduced VOC emissions and [FR Doc. 2016–28436 Filed 11–25–16; 8:45 am]
U.S.C. 3501 et seq.);
reduced ozone formation will assist
• is certified as not having a BILLING CODE 6560–50–P
Maryland with attaining and
significant economic impact on a
maintaining the ozone NAAQS. EPA
substantial number of small entities ENVIRONMENTAL PROTECTION
proposes to add COMAR 26.11.39 to the
under the Regulatory Flexibility Act (5 AGENCY
Maryland SIP as a SIP strengthening
U.S.C. 601 et seq.);
measure. Pursuant to section 110 of the • does not contain any unfunded
CAA, EPA is proposing to approve 40 CFR Part 62
mandate or significantly or uniquely
Maryland’s new AIM coating provision, affect small governments, as described [EPA–R03–OAR–2016–0053; FRL–9955–69-
COMAR 26.11.39, which was submitted in the Unfunded Mandates Reform Act Region 3]
on June 27, 2016, as a revision to the of 1995 (Pub. L. 104–4);
Maryland SIP. EPA is soliciting public Approval and Promulgation of Air
• does not have federalism
comments on the issues discussed in Quality Plans; State of Maryland;
implications as specified in Executive
this document. These comments will be Control of Emissions From Existing
Order 13132 (64 FR 43255, August 10,
considered before taking final action. Hospital/Medical/Infectious Waste
1999);
Incineration Units
IV. Incorporation by Reference • is not an economically significant
regulatory action based on health or AGENCY: Environmental Protection
In this proposed rule, EPA is safety risks subject to Executive Order Agency (EPA).
proposing to include in a final EPA rule 13045 (62 FR 19885, April 23, 1997); ACTION: Proposed rule.
regulatory text that includes • is not a significant regulatory action
incorporation by reference. In subject to Executive Order 13211 (66 FR SUMMARY: The Environmental Protection
accordance with requirements of 1 CFR 28355, May 22, 2001); Agency (EPA) is proposing to approve a
51.5, EPA is proposing to incorporate by • is not subject to requirements of section 111(d)/129 plan submitted by
reference Maryland’s new regulations Section 12(d) of the National the State of Maryland for existing
for AIM coatings under COMAR Technology Transfer and Advancement hospital/medical/infectious waste
mstockstill on DSK3G9T082PROD with PROPOSALS
26.11.39. EPA has made, and will Act of 1995 (15 U.S.C. 272 note) because incineration (HMIWI) units. The section
continue to make, these materials application of those requirements would 111(d)/129 plan contains revisions to a
generally available through http:// be inconsistent with the CAA; and previously-approved state plan for
www.regulations.gov and/or at the EPA • does not provide EPA with the existing HMIWI units and was
Region III Office (please contact the discretionary authority to address, as submitted as a result of the October 6,
person identified in the FOR FURTHER appropriate, disproportionate human 2009 promulgation of federal new
INFORMATION CONTACT section of this health or environmental effects, using source performance standards (NSPS)
preamble for more information). practicable and legally permissible and emission guidelines for HMIWI
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Document Created: 2018-02-14 08:35:33
Document Modified: 2018-02-14 08:35:33
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Written comments must be received on or before December 28, 2016. | |
| Contact | Irene Shandruk, (215) 814-2166, or by email at [email protected] | |
| FR Citation | 81 FR 85455 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds |
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