Comment submitted by David DeVita, Esq., DeVita & Howe, LLP

We are a law firm which represents manufacturers of component parts for use in large appliances, as those appliances are described in EPA-HQ-OAR-2007-0329. In that regard, our clients use various coatings which must meet stringent manufacturer specifications relating to stain, scratch, and heat resistance. The proposed Control Technique Guideline recommends two options for controlling VOC emissions from coatings used on large appliances: the use of low VOC content coatings or the use of controls equipment having an efficieny of 90 percent or more. The premise for the selection of low VOC coatings as a control option is ?The wide availability and lower cost of low-VOC content coating?? 72 Federal Register 131, p.37598. (EPA-HQ-OAR-2007-0454). The draft CTG, EPA-HQ-OAR- 2007-0329, then concludes that the appropriate models for VOC levels are those established by the California Bay Area Air Quality Management District (?Bay Area?) and the South Coast Air Quality Management District (?South Coast?) setting the VOC coating limit at 2.3 lbs per gallon. Neither of the cited documents provides any basis for the conclusion that low VOC coatings, specifically coatings meeting the 2.3 lbs per gallon standard, are widely available. Our clients have regularly sought out sources of supply for low VOC coatings which meet the performance specifications, with inconsistent success. We submit that coatings which meet the proposed standard and which meet the performance specifications required in the appliance industry will be very difficult to find. In addition, the draft CTG identifies the locations of manufacturers which would be affected by the regulation. Six states are identified as having respondents. California, the site of the Bay Area and South Coast standards, is not one of them. Thus the EPA proposes standards for an industry based on regulations adopted in areas where the regulated industry does not exist. In summary, the proposed CTG for large appliance coatings is seriously flawed in two respects. First, low VOC coatings meeting performance requirements are simply not widely available. Second, the standards proposed emanate from a geographic area where the regulated industry is not in operation. David DeVita, Esq. DeVita & Howe, LLP 117 E. Court Street Cincinnati, Ohi 45202