[Federal Register Volume 70, Number 121 (Friday, June 24, 2005)]
[Rules and Regulations]
[Pages 36511-36515]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-12581]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[R03-OAR-2005-PA-0014; FRL-7927-5]
Approval and Promulgation of Air Quality Implementation Plans;
Commonwealth of Pennsylvania; Control of VOC Emissions From Aerospace,
Mobile Equipment, and Wood Furniture Surface Coating Applications for
Allegheny County
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is taking direct final action to approve a revision to the
Allegheny County portion of the Commonwealth of Pennsylvania State
Implementation Plan (SIP). This revision, submitted by the Pennsylvania
Department of Environmental Protection (PADEP) on behalf of the
Allegheny County Health Department (ACHD), establishes standards and
requirements to control volatile organic compounds (VOCs) emissions
from aerospace, mobile equipment, and wood furniture surface coating
applications, and modifies existing regulations for general and
specific coating processes. This revision updates the ACHD's
regulations to make them consistent with the Commonwealth's SIP-
approved regulations regarding the affected surface coating processes.
EPA is approving this revision to the Allegheny portion of the
Commonwealth of Pennsylvania SIP in accordance with the requirements of
the Clean Air Act.
DATES: This rule is effective on August 23, 2005, without further
notice, unless EPA receives adverse written comment by July 25, 2005.
If EPA receives such comments, it will publish a timely withdrawal of
the direct final rule in the Federal Register and inform the public
that the rule will not take effect.
ADDRESSES: Submit your comments, identified by Regional Material in
EDocket (RME) ID Number R03-OAR-2005-PA-0014, by one of the following
methods:
A. Federal eRulemaking Portal: http://www.regulations.gov. Follow
the on-line instructions for submitting comments.
B. Agency Web site: http://www.docket.epa.gov/rmepub/index.jsp RME,
EPA's electronic public docket and comment system, is EPA's preferred
method for receiving comments. Follow the on-line instructions for
submitting comments.
C. E-mail: [email protected].
D. Mail: R03-OAR-2005-PA-0014, David Campbell Chief, Air Quality
Planning Branch, Mailcode 3AP21, U.S. Environmental Protection Agency,
Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.
E. Hand Delivery: At the previously-listed EPA Region III address.
Such 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 RME ID No. R03-OAR-2005-PA-
0014. EPA's policy is that all comments received will be included in
the public docket without change, and may be made available online at
http://www.docket.epa.gov/rmepub/, 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 RME, regulations.gov
or e-mail. The EPA RME and the Federal regulations.gov Web sites are 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 e-mail comment directly to EPA without
going through RME or regulations.gov, your e-mail 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
RME index at http://www.docket.epa.gov/rmepub/. 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
[[Page 36512]]
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 RME 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 Allegheny County Health Department, Bureau of
Environmental Quality, Division of Air Quality, 301 39th Street,
Pittsburgh, Pennsylvania 15201.
FOR FURTHER INFORMATION CONTACT: Ellen Wentworth, (215) 814-2034, or by
e-mail at [email protected]
SUPPLEMENTARY INFORMATION:
I. Background
On March 18, 2004, the Commonwealth of Pennsylvania, on behalf of
Allegheny County, submitted a formal revision to its State
Implementation Plan (SIP). The revision modifies existing regulations
under ACHD's Rules and Regulations, Article XXI, sections 2101.20,
2105.01, and 2105.10 pertaining to surface coating processes in
general, and creates new sections, 2105.74, 2105.75, and 2105.76
specific to the aerospace, automotive, and wood furniture industries,
respectively. These new regulations are applicable to all automotive
touch-up and repair facilities, certain aircraft maintenance
facilities, and wood furniture manufacturing facilities that meet or
exceed specified emission thresholds.
II. Summary of SIP Revision
The March 18, 2004 revision to the Pennsylvania SIP, submitted by
PADEP on behalf of Allegheny County, is based on recent PADEP
amendments, EPA Control Technique Guidelines (CTGs), and National
Emission Standards for Hazardous Air Pollutants (NESHAPS). This
revision updates Allegheny County's Article XXI Air Pollution Control
Regulations to make them consistent with previously SIP-approved PADEP
regulations. Listed below is a summary of the SIP revision. For more
detailed information on this revision, please see the technical support
document (TSD) prepared for this rulemaking.
A. Part A--General, section 2101.20, Definitions
This revision adds and revises definitions in Article XXI, section
2101.20, Definitions, for terms that are used in the substantive
sections of 2105.74, Aerospace Manufacturing and Rework, 2105.75,
Mobile Equipment Repair and Refinishing, and 2105.76, Wood Furniture
Manufacturing Operations.
B. Part E--Source Emission and Operating Standards, section 2105.01,
Equivalent Compliance Techniques
This revision revises the VOC equivalency provisions of section
2105.01, Equivalent Compliance Techniques of the ACHD's Article XXI Air
Pollution Control Regulations. The revision authorizes compliance with
section 2105.01 by the use of an alternative method if that method is
incorporated by the Department into an applicable federally enforceable
installation permit or operating permit subject to review by EPA. The
revision removes the requirement that alternative compliance methods
for certain VOC requirements be submitted to EPA as a SIP revision.
This action will streamline the process for establishing alternative
compliance methods. EPA is approving this revision because any
alternative compliance method would be reviewed by EPA as a part of the
permitting process to ensure that it produced results equivalent to the
method specified in the regulations, thereby not jeopardizing
attainment of the ozone standard.
C. Part E--Source Emission and Operating Standards-Subpart 1, VOC
Sources, section 2105.10, Surface Coating Processes
This revision to the ACHD's Article XXI, section 2105.10, Surface
Coating Processes, revises equations for calculating VOC content,
recalculates emission limits on a ``per solids'' basis, and modifies
recordkeeping requirements. This regulation applies to a surface
coating process category, regardless of the size, which emits or has
emitted VOCs into the outdoor atmosphere in quantities greater than 3
pounds (1.4 kilograms) per hour, 15 pounds (7 kilograms) per day, or
2.7 tons (2,455 kilograms) per year during any calendar year since
January 1, 1987. A person may not cause or permit the emission into the
outdoor atmosphere of VOCs from a surface coating process category in
the regulation, unless the VOC content of each as applied coating is
equal to or less than the standard specified in the regulation, or the
overall weight of VOCs emitted to the atmosphere is reduced through the
use of vapor recovery or incineration or another method which is
acceptable under section 2105.01, Equivalent Compliance Techniques.
D. Part E--Source Emission and Operating Standards, Subpart 7--
Miscellaneous Sources, section 2105.74, Aerospace Manufacturing and
Rework
This revision adds a new section, 2105.74 to ACHD's Article XXI,
adopting requirements to control VOC emissions from coatings and
solvents used in the aerospace industry. This regulation updates ACHD's
Article XXI Air Pollution Control regulations to reflect existing PADEP
aerospace regulations, establishing emission limits and reasonably
available control technology (RACT) for aerospace sources that have the
potential to emit (PTE) 25 tons a year or more of VOCs. The aerospace
industry includes all manufacturing facilities that produce an
aerospace vehicle or component and all facilities that repair these
aerospace products. An aerospace vehicle or component is defined as,
but not limited to, any fabricated part, processed part, assembly of
parts, or completed unit of any aircraft including, but not limited to
airplanes, helicopters, missiles, rockets, and space vehicles. In
addition to manufacturing and repair facilities, some shops may
specialize in providing a service, such as chemical milling, rather
than actually producing a component or assembly. Aerospace coatings
that meet the definitions of the specific coatings of the regulation
shall meet those allowable VOC limits.
E. Part E--Source Emission and Operating Standards, Subpart 7--
Miscellaneous Sources, section 2105.75, Mobile Equipment Repair and
Refinishing
This revision adds a new section, 2105.75, to ACHD's Article XXI
Air Pollution Control Regulations, establishing allowable VOC-content
requirements for coatings used in mobile equipment repair and
refinishing. This regulation updates ACHD's Article XXI Air Pollution
Control regulations to reflect existing PADEP mobile equipment repair
and refinishing regulations. This regulation establishes emission
limits, equations for calculating content, application techniques, and
housekeeping requirements for non-assembly plant mobile equipment
repair and refinishing sources. This regulation applies to a person who
applies mobile equipment repair and refinishing or color-matched
coatings to mobile equipment or mobile equipment components. This
regulation does not apply to a person who applies surface coatings to
mobile equipment or mobile equipment components if the surface coating
process is subject to the miscellaneous metal parts finishing
[[Page 36513]]
requirements of the ACHD's Article XXI, section 2105.10, Surface
Coating Processes, if the surface coating process is at an automobile
assembly plant, or if the person applying the coatings does not receive
compensation for the application of the coatings. A person subject to
this regulation may not apply to mobile equipment or mobile equipment
components any automotive pretreatment, automotive primer-surfacer,
automotive primer-sealer, automotive topcoat, and automotive specialty
coatings, including any VOC-containing materials added to the original
coating supplied by the manufacturer, that contain VOCs in excess of
the limits specified in the regulation.
F. Part E--Source Emission and Operating Standards, Subpart 7--
Miscellaneous Sources, section 2105.76, Wood Furniture Manufacturing
Operations
This revision adds a new section, 2105.74 to ACHD's Article XXI,
adopting new VOC regulations for wood furniture operations including
wood furniture finishing, cleaning, and wash-off operations. This
regulation establishes emission limits and control technology for
sources that have a PTE of 25 tons a year or more of VOCs from wood
furniture manufacturing operations. In addition to setting VOC emission
limits, the new regulation establishes work practice standards,
compliance procedures, monitoring requirements, recordkeeping and
reporting requirements, and special provisions for facilities using an
emissions averaging approach. The limits in this regulation do not
apply to a coating used exclusively for determining product quality and
commercial acceptance, touch-up and repair, and other small quantity
coatings if the quantity of coating does not exceed 50 gallons per year
for a single coating, and a total of 200 gallons per year for all
coatings combined for the facility. The owner or operator of the
facility must submit a written request to the Department which must be
approved prior to the use of the coatings.
An owner or an operator of a facility subject to this regulation
shall limit VOC emissions from wood furniture manufacturing operations
by: (1) Applying either waterborne topcoats or a combination of sealers
and topcoats and strippable spray booth coatings with a VOC content
equal to or less than the standards specified in the regulation; (2)
using an emissions averaging program which meets the requirements of
the emissions averaging provisions of the regulation; (3) using a
control system that achieves a reduction in emissions equivalent to 0.8
lb VOC/lb solids for topcoats, or 1.8 lbs VOC/lb solids for topcoats
and 1.9 lbs VOC/lb solids for sealers; and (4) using a combination of
the above methods.
III. Final Action
EPA is approving a revision to the Allegheny County portion of the
Pennsylvania SIP consisting of amendments to section 2101.20,
Definitions, section 2105.01, Equivalent Compliance Techniques, and
section 2105.10, Surface Coating Processes. In addition, EPA is also
approving the addition to ACHD's Article XXI of new sections 2105.74,
Aerospace Manufacturing and Rework, section 2105.75, Mobile Equipment
Repair and Refinishing, and section 2105.76, Wood Furniture
Manufacturing Operations. These revisions were submitted by the
Commonwealth of Pennsylvania on behalf of Allegheny County on March 18,
2004, and update ACHD's Article XXI regulations to make them consistent
with existing PADEP regulations.
EPA is publishing this rule without prior proposal because the
Agency views this as a noncontroversial amendment and anticipates no
adverse comment. However, in the ``Proposed Rules'' section of today's
Federal Register, EPA is publishing a separate document that will serve
as the proposal to approve the SIP revision if adverse comments are
filed. This rule will be effective on August 23, 2005, without further
notice unless EPA receives adverse comment by July 25, 2005. If EPA
receives adverse comment, EPA will publish a timely withdrawal in the
Federal Register informing the public that the rule will not take
effect. EPA will address all public comments in a subsequent final rule
based on the proposed rule. EPA will not institute a second comment
period on this action. Any parties interested in commenting must do so
at this time. Please note that if EPA receives adverse comment on an
amendment, paragraph, or section of this rule and if that provision may
be severed from the remainder of the rule, EPA may adopt as final those
provisions of the rule that are not the subject of an adverse comment.
IV. Statutory and Executive Order Reviews
A. General Requirements
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves pre-existing requirements under state law and does
not impose any additional enforceable duty beyond that required by
state law, it 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). This rule also does not
have tribal implications because it will not have a substantial direct
effect on one or more Indian tribes, on the relationship between the
Federal Government and Indian tribes, or on the distribution of power
and responsibilities between the Federal Government and Indian tribes,
as specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
This action also does not have Federalism implications because it does
not have substantial direct effects on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government,
as specified in Executive Order 13132 (64 FR 43255, August 10, 1999).
This action merely approves a state rule implementing a Federal
requirement, and does not alter the relationship or the distribution of
power and responsibilities established in the Clean Air Act. This rule
also is not subject to Executive Order 13045 ``Protection of Children
from Environmental Health Risks and Safety Risks'' (62 FR 19885, April
23, 1997), because it is not economically significant.
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of
[[Page 36514]]
the Clean Air Act. Thus, the requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) do not apply. This rule does not impose an information collection
burden under the provisions of the Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.).
B. 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 rule 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. This rule is not a
``major rule'' as defined by 5 U.S.C. 804(2).
C. Petitions for Judicial Review
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by August 23, 2005. Filing a
petition for reconsideration by the Administrator of this final rule,
revising Allegheny County's Article XXI, VOC Control, General and
Specific Surface Coating Applications, does not affect the finality of
this rule 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, 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, Ozone, Reporting
and recordkeeping requirements, Volatile organic compounds.
Dated: June 15, 2005.
Donald S. Welsh,
Regional Administrator, Region III.
0
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)(2) is amended by
revising the title of the third column to read ``State effective
date''; adding an entry for Part A, 2101.20 after the existing entry
for 2101.20; adding entries for Part E, 2105.74, 2105.75, and 2105.76;
and revising entries for Part E, 2105.01 and 2105.10 to read as
follows:
Sec. 52.2020 Identification of plan.
* * * * *
(c) * * *
(2) * * *
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Additional
State EPA explanation/
Article XXI citation Title/subject effective approval Sec. 52.2063
date date citation
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PART A General
* * * * * * *
2101.20..................... Definitions............................. 7/10/03 6/24/05
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page number
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PART E Source Emission and Operating Standards
2105.01..................... Equivalent Compliance Techniques........ 7/10/03 6/24/05
[Insert
page number
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document
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* * * * * * *
Subpart 1 VOC Sources
2105.10..................... Surface Coating Processes............... 7/10/03 6/24/05
[Insert
page number
where the
document
begins]
* * * * * * *
Subpart 7 Miscellaneous VOC Sources
* * * * * * *
2105.74..................... Aerospace Manufacturing and Rework...... 7/10/03 6/24/05
[Insert
page number
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2105.75..................... Mobile Equipment Repair and Refinishing. 7/10/03 6/24/05
[Insert
page number
where the
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2105.76..................... Wood Furniture Manufacturing Operations. 7/10/03 6/24/05
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page number
where the
document
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[FR Doc. 05-12581 Filed 6-23-05; 8:45 am]
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