[Federal Register Volume 65, Number 144 (Wednesday, July 26, 2000)]
[Rules and Regulations]
[Pages 45918-45920]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-18785]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[PA158-4103a; FRL-6735-7]


Approval and Promulgation of Air Quality Implementation Plans; 
Commonwealth of Pennsylvania; Approval of Revisions to Volatile Organic 
Compounds Regulations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action on revisions to the 
Commonwealth of Pennsylvania State Implementation Plan (SIP) submitted 
by the Pennsylvania Department of Environmental Protection (PADEP). The 
revisions remove the alternate emission reduction limitations for the 
Minnesota Mining and Manufacturing Company (3M) located in Bristol, 
Pennsylvania, and make corrections to certain Pennsylvania VOC 
regulations to make them consistent with federal requirements. EPA is 
approving these revisions to the Commonwealth of Pennsylvania's SIP in 
accordance with the requirements of the Clean Air Act.

DATES: This rule is effective on September 25, 2000 without further 
notice, unless EPA receives adverse written comment by August 25, 2000. 
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: Written comments should be mailed to David L. Arnold, Chief, 
Ozone & Mobile Sources Branch, Mailcode 3AP21, U.S. Environmental 
Protection Agency, Region III, 1650 Arch Street, Philadelphia, 
Pennsylvania 19103. Copies of the documents relevant to this action are 
available 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; the Air and 
Radiation Docket and Information Center, U.S. Environmental Protection 
Agency, 401 M Street, SW, Washington, DC 20460; and Pennsylvania 
Department of Environmental Protection, Bureau of Air Quality, PO Box 
8468, 400 Market Street, Harrisburg, Pennsylvania 17105.

FOR FURTHER INFORMATION CONTACT:  Mrs. Kelly L. Bunker (215) 814-2177, 
or by e-mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On March 6, 2000 the Commonwealth of Pennsylvania submitted a 
formal revision to its State Implementation Plan (SIP). The SIP 
submittal consisted of revisions to certain VOC, particulate, and 
sulfur dioxide (SO2) regulations. The revisions to certain 
VOC regulations are the subject of this rulemaking action. The 
particulate and (SO2) regulation revisions will be addressed 
in a separate rulemaking action.

II. Summary of SIP Revision

    As part of the Commonwealth's Regulatory Basics Initiative (RBI), 
the Pennsylvania Department of Environmental Protection (PADEP) was 
tasked to review the Commonwealth's existing regulations and identify 
those that were more stringent than Federal requirements, were 
obsolete, redundant or no longer necessary. As a result of this 
initiative, several VOC regulations were found to be obsolete or needed 
to be revised to conform to Federal requirements. These SIP revisions 
address revisions resulting from the RBI.
    These revisions remove 25 PA Code section 128.14, pertaining to the 
Minnesota Mining and Manufacturing Company, Bristol, Pennsylvania; add 
the term ``less water'' to 25 PA Code section 129.67(b)(2), Graphic 
Arts Systems; and add amendments to 25 PA Code section 129.56, Storage 
Tanks Greater than 40,000 Gallons Capacity Containing VOCs, providing a 
time frame for repairing or emptying of defective organic liquid 
storage tanks.
    25 PA Code section 128.14, Minnesota Mining and Manufacturing 
Company (3M), Bristol, Pennsylvania, is being removed. This provision 
implemented alternative emission reduction limitations, also known as a 
``bubble,'' for ten surface coating processes at the 3M facility. Eight 
(8) of the ten (10) coating processes under the bubble were 
decommissioned and removed in 1990; therefore, the alternative emission 
reduction limitations are no longer valid or necessary. The remaining 
two coating processes are subject to 25 PA Code section 129.52 Table 
I(5).
    Regulations for graphic arts systems are being revised to add the 
term ``less water'' to 25 PA Code section 129.67(b)(2). This revision 
will clarify that water is not to be considered when determining the 
solids content of the ink. This revision complies with the EPA Control 
Technique Guidelines (CTG) reference document entitled, ``A Guideline 
for Graphic Arts Calculations,'' PEI Associates Inc., U.S. EPA Contract 
No. 68-02-3963, 1988.
    Procedures for repairing defective floating roof seals on volatile 
organic storage tanks are being added to 25 PA Code section 129.56. The 
revisions allow the owners and operators of

[[Page 45919]]

volatile organic liquid storage tanks to empty the tanks and repair the 
defective seals within 45 days. A 30-day extension may be requested 
from the Commonwealth if the failure cannot be repaired within 45 days 
and if the tank cannot be emptied in 45 days. These revisions comply 
with the federal requirements found in 40 CFR 60.113b(b)(4)(iii) 
relating to testing and procedures for volatile organic liquid storage 
vessels.
    EPA is publishing this rule without prior proposal because the 
Agency views this as a noncontroversial amendment and anticipates no 
adverse comment since the revisions are administrative changes to the 
state regulations. 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 September 25, 2000 
without further notice unless EPA receives adverse comment by August 
25, 2000. 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.

III. Final Action

    EPA is approving, as revisions to the Pennsylvania SIP, the removal 
of 25 PA Code section 128.14, pertaining to Minnesota Mining and 
Manufacturing Company, Bristol, Pennsylvania; the addition of the term 
``less water'' to 25 PA Code section 129.67(b)(2), Graphic Arts 
Systems; and the addition of amendments to 25 PA Code section 129.56, 
Storage Tanks Greater than 40,000 Gallons Capacity Containing VOCs, 
which provide a time frame for the repairing or emptying of defective 
organic liquid storage tanks.

IV. Administrative Requirements

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. 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). For the same reason, 
this rule also does not significantly or uniquely affect the 
communities of tribal governments, as specified by Executive Order 
13084 (63 FR 27655, May 10, 1998). This rule will 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), because it 
merely approves a state rule implementing a federal standard, 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 (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 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. As required by section 3 
of Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing 
this rule, EPA has taken the necessary steps to eliminate drafting 
errors and ambiguity, minimize potential litigation, and provide a 
clear legal standard for affected conduct. EPA has complied with 
Executive Order 12630 (53 FR 8859, March 15, 1988) by examining the 
takings implications of the rule in accordance with the ``Attorney 
General's Supplemental Guidelines for the Evaluation of Risk and 
Avoidance of Unanticipated Takings'' issued under the executive order. 
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 September 25, 2000. Filing a 
petition for reconsideration by the Administrator of this final rule 
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 approval of revisions to Pennsylvania volatile organic 
compounds regulations 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, Hydrocarbons, 
Incorporation by reference, Intergovernmental relations, Ozone, 
Reporting and recordkeeping requirements.

    Dated: June 30, 2000.
Bradley M. Campbell,
Regional Administrator, Region III.

    40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

    1. The authority citation for part 52 continues to read as follows:

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

Subpart NN--Pennsylvania

    2. Section 52.2020 is amended by adding paragraphs (c)(147) to read 
as follows:

[[Page 45920]]

Sec. 52.2020  Identification of plan.

* * * * *
    (c) * * *
    (147) Revisions to the Pennsylvania Regulations pertaining to 
certain VOC regulations submitted on March 6, 2000 by the Pennsylvania 
Department of Environmental Protection:
    (i) Incorporation by reference.
    (A) Letter of March 6, 2000 from the Pennsylvania Department of 
Environmental Protection transmitting the revisions to VOC regulations.
    (B) Addition of the term ``less water'' to 25 PA Code Chapter 129, 
Standard for Sources, at section 129.67(b)(2) Graphic Arts Systems; 
addition of paragraph (h) to 25 PA Code Chapter 129, Standard for 
Sources, at section 129.56, Storage Tanks Less than 40,000 Gallons 
Capacity Containing VOCs; and revisions to 25 PA Code Chapter 128 to 
remove section 128.14, pertaining to the Minnesota Mining and 
Manufacturing Company, Bristol, Pennsylvania. These revisions became 
effective on September 5, 1998.
    (ii) Additional Material.--Remainder of March 6, 2000 submittal.

[FR Doc. 00-18785 Filed 7-25-00; 8:45 am]
BILLING CODE 6560-50-P