Approval and Promulgation of Air Quality Implementation Plans:

Federal Register Volume 76, Number 99 (Monday, May 23, 2011)

Rules and Regulations

Pages 29649-29652

From the Federal Register Online via the Government Printing Office [www.gpo.gov]

FR Doc No: 2011-12513

ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52

EPA-R03-OAR-2011-0063; FRL-9309-3

Approval and Promulgation of Air Quality Implementation Plans;

Pennsylvania; Adoption of Control Techniques Guidelines for Paper,

Film, and Foil Surface Coating Processes

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

SUMMARY: EPA is approving a State Implementation Plan (SIP) revision submitted by the Commonwealth of Pennsylvania (Pennsylvania). This SIP revision includes amendments to Chapter 121--General Provisions and

Chapter 129--Standards for Sources, of Title 25 of the Pennsylvania

Code. Pennsylvania's SIP revision meets the requirement to adopt

Reasonably Available Control Technology (RACT) for sources covered by the Control Techniques Guidelines (CTG) standards for paper, film, and foil surface coating processes. EPA is approving this revision concerning the adoption of the CTG requirements for paper, film, and foil surface coating processes in accordance with the requirements of the Clean Air Act (CAA).

DATES: Effective Date: This final rule is effective on June 22, 2011.

ADDRESSES: EPA has established a docket for this action under Docket ID

Number EPA-R03-OAR-2011-0063. All documents in the docket are listed in the http://www.regulations.gov website. Although listed in the electronic docket, some information is not publicly available, i.e., confidential business information (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 through http://www.regulations.gov or in hard copy for public inspection 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

Pennsylvania Department of Environmental Protection, Bureau of Air

Quality Control, P.O. Box 8468, 400 Market Street, Harrisburg,

Pennsylvania 17105.

FOR FURTHER INFORMATION CONTACT: Irene Shandruk, (215) 814-2166, or by e-mail at shandruk.irene@epa.gov.

SUPPLEMENTARY INFORMATION:

1. Background

   Section 182(b)(2) of the CAA, 42 U.S.C. 7511a(b)(2), requires that

   States having moderate nonattainment areas for ozone revise their SIP to include provisions requiring the implementation of RACT for certain sources, including categories of volatile organic compound (VOC) sources covered by a CTG document issued by the Administrator between

   November 15, 1990 and the date of attainment. EPA originally developed

   CTG standards for paper, film, and foil surface coating processes in 1977 and revised them in 2007. Pennsylvania subsequently made changes to its SIP which adopted EPA's CTG standards for paper, film, and foil surface coating processes. The formal SIP revision was submitted by

   Pennsylvania to EPA on January 4, 2011. On March 4, 2011 (76 FR 11983),

   EPA published a notice of proposed rulemaking (NPR) for Pennsylvania.

   The NPR proposed approval of Pennsylvania's SIP revision for adoption of the CTG standards for paper, film, and foil surface coating processes. The formal SIP revision was submitted by Pennsylvania on

   January 4, 2011. One adverse comment was submitted on the March 4, 2011

   NPR (76 FR 11983). A summary of the comment and EPA's response is provided in section III of this document.

2. Summary of SIP Revision

   On January 4, 2011, the Pennsylvania Department of Environmental

   Protection (PADEP) submitted to EPA a SIP revision concerning the adoption of the EPA paper, film, and foil surface coating processes

   CTG. EPA develops CTGs as

   Page 29650

   guidance on control requirements for source categories. States can follow the CTGs or adopt more restrictive standards. Pennsylvania has adopted EPA's CTG standards for paper, film, and foil surface coating processes. Pennsylvania's regulations are in Chapter 121--General

   Provisions and in Chapter 129--Standards for Sources, in Title 25 of the Pennsylvania Code. Specifically, this revision amends the existing regulations at sections 121.1, 129.51, and 129.52, and adds a new section 129.52b. Several definitions were amended or added in section 121.1, and section 129.52 was amended to extend coverage to paper, film and foil surface coating processes. The new section 129.52b includes

   VOC emission limits, work practices, and recordkeeping and reporting requirements, all of which are consistent with EPA's CTG for paper, film, and foil surface coating processes. The requirements in section 129.52b supersede the requirements in 129.52 relating to control of VOC emissions from paper, film, and foil surface coating processes. The emission limits of VOCs for paper, film, and foil surface coatings are shown in Table 1. These emission limits apply if potential VOC emissions from a single line, prior to control, are 25 tons per year

   (tpy) or more.

   Table 1--Recommended Emission Limits for Paper, Film, and Foil Coatings

   RACT limits

   Paper, film, and foil surface

   Units

   coating (not

   Pressure sensitive tape

   including and label surface coating

   pressure sensitive tape and label)

   Kilograms VOC/kilograms

   0.20

   0.40 solids (pounds VOC/ pounds solids)

   Kilograms VOC/kilograms

   0.067

   0.08 coating (pounds VOC/ pounds coating)

   Additionally, VOC emission limits for paper coatings only and the associated applicability criteria that were in section 129.52(a)(2) were added to section 129.52b in order to carry forward previously regulated paper coating sources and to eliminate the potential for backsliding. These VOC emission limits apply only to paper coatings if actual VOC emissions have exceeded 3 pounds per hour, 15 pounds per day, or 2.7 tpy in any year since January 1, 1987. The emission limits are shown in Table 2.

   Table 2--Emission Limits of VOCs for Paper Coating

   RACT limit for

   Units

   paper coating

   Pounds VOC/gallon coating solids........................

   4.84

   Kilogram VOC/liter coating solids.......................

   0.58

   Other specific requirements concerning this rulemaking and the rationale for EPA's action are explained in the NPR and the Technical

   Support Document (TSD) and will not be restated here. As noted below,

   EPA received one comment on the NPR and it was not germane.

3. Summary of Public Comment and EPA Response

   Comment: A commenter stated that ``it is a travesty that the EPA is attempting to take action, in the name of the unproven theory of anthropogenic global warming, through regulations that will harm the economy of the United States,'' and asserts that EPA is attempting to take such action on the issue of global warming which Congress has

   ``decided that no action was warranted.'' The commenter further states that ``this is a blatant power grab by the EPA and the Obama administration to force their radical liberal ideas on the hard- working, decent people of the country without their consent.''

   Response: This comment is not relevant to this rulemaking action.

   This action concerns the control of VOCs for the purpose of attaining the 1997 8-hour ozone National Ambient Air Quality Standard (NAAQS) and does not concern the regulation of emissions for the purpose of addressing global warming.

4. Final Action

   EPA is approving Pennsylvania's adoption of the CTG requirements for paper, film, and foil surface coating processes as a revision to the Pennsylvania SIP.

5. Statutory and Executive Order Reviews

   1. General Requirements

      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 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 (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

      Page 29651

      methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).

      In addition, this rule 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.

   2. Submission to Congress and the Comptroller General

      The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the

      Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the

      United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of

      Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal

      Register. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2).

   3. Petitions for Judicial Review

      Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by July 22, 2011. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action concerning Pennsylvania's adoption of a CTG for paper, film, and foil surface coating processes may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).)

      List of Subjects in 40 CFR part 52

      Environmental protection, Air pollution control, Incorporation by reference, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds.

      Dated: May 9, 2011.

      W.C. Early,

      Acting Regional Administrator, Region III. 40 CFR part 52 is amended as follows:

      PART 52--[AMENDED] 0 1. The authority citation for part 52 continues to read as follows:

      Authority: 42 U.S.C. 7401 et seq.

      Subpart NN--Pennsylvania 0 2. In Sec. 52.2020, the table in paragraph (c)(1) is amended by revising the entries for Sections 121.1, 129.51 and 129.52; and adding an entry for Section 129.52b after the existing entry for Section 129.52. The amendments read as follows:

      Sec. 52.2020 Identification of plan.

      * * * * *

      (c) * * *

      (1) * * *

      Additional

      State citation

      Title/subject

      State

      EPA approval date

      explanation/Sec. effective date

      52.2063 citation

      Title 25--Environmental Protection

      Article III--Air Resources

      Chapter 121--General Provisions

      Section 121.1................. Definitions.........

      11/20/10 5/23/11 [Insert page Definition of number where the

      ``coating line'' document begins].

      added. Revision of definitions for

      ``coating'' and

      ``paper coating.''

      * * * * * * *

      Chapter 129--Standards for Sources

      * * * * * * *

      Sources of VOCs

      * * * * * * *

      Section 129.51................ General.............

      11/20/10 5/23/11 [Insert page Paragraph 129.51(a) number where the

      is amended. document begins].

      Section 129.52................ Surface coating

      11/20/10 5/23/11 [Insert page Paragraph 129.52(j) processes.

      number where the

      is added. document begins].

      Section 129.52b............... Control of VOC

      11/20/10 5/23/11 [Insert page New section is emissions from

      number where the

      added. paper, film, and

      document begins]. foil surface coating processes.

      * * * * * * *

      Page 29652

      * * * * *

      FR Doc. 2011-12513 Filed 5-20-11; 8:45 am

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