[Federal Register Volume 65, Number 157 (Monday, August 14, 2000)]
[Rules and Regulations]
[Pages 49501-49503]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-20531]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[PA156-4104a; FRL-6847-3]


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 consist of definitions and requirements for coatings used in 
mobile equipment repair and refinishing. 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 October 13, 2000 without further 
notice, unless EPA receives adverse written comment by September 13, 
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, P.O. Box 
8468, 400 Market Street, Harrisburg, Pennsylvania 17105.

FOR FURTHER INFORMATION CONTACT: Rose Quinto, (215) 814-2182, at the 
EPA Region III address above, 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 revisions 
amend Chapter 121 section 121.1 Definitions, and add Chapter 129 
section 129.75 Mobile Equipment Repair and Refinishing, pertaining to 
volatile organic compound (VOC) control requirements for motor vehicle 
repair and refinishing facilities.

II. Summary of SIP Revision

    The March 6, 2000 submittal amends Chapter 121, section 121.1 to 
add definitions of terms used in the substantive provisions in Chapter 
129. The definitions include: automotive pretreatment, automotive 
primer-sealer, automotive primer-surfacer, automotive specialty 
coating, automotive topcoat, antique motor vehicle, classic motor 
vehicle, mobile equipment, and automotive touch up repair. Airless 
spray was added for clarification, and automotive elastomeric coating, 
automotive impact-resistant coating, automotive jambing clearcoat, 
automotive lacquer, automotive low-gloss coating, and automotive 
multicolored topcoat were added to make the final rule consistent with 
Federal regulations.
    Section 129.75 establishes allowable VOC content requirements for 
coatings used in mobile equipment repair and refinishing. Section 
129.75(a) applies to a person who applies mobile equipment repair and 
refining or color matched coatings to mobile equipment or mobile 
equipment components. Section 129.75(b) establishes exceptions to the 
general applicability of the rules where the coating is done in an 
automobile assembly plant or by an individual who does not receive 
compensation for application of the coatings. Section 129.75(c) 
establishes the VOC content of automobile refinished coatings: the 
allowable VOC content (as applied), and the weight of VOC per volume of 
coating (minus water and non-VOC solvents). Section 129.75(d) provides 
the methodology for calculating the VOC emissions, which includes 
documentation concerning the VOC content of the coatings calculated. 
Section 129.75(e) establishes application techniques and time frames 
for existing and new facilities. Sections 129.75(f), (g) and (h) 
establish the requirements for cleaning spray guns associated with this 
source category and housekeeping, pollution prevention, and training 
requirements for individuals applying mobile equipment repair and 
refinishing coatings.
    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

[[Page 49502]]

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 October 13, 2000 without further 
notice unless EPA receives adverse comment by September 13, 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 
amendments to Chapter 121 General Provisions, section 121.1. 
Definitions, and the addition of Chapter 129 Standards For Sources, 
section 129.75 Mobile Equipment Repair and Refinishing, pertaining to 
volatile organic compound (VOC) control requirements for motor vehicle 
repair and refinishing facilities. These revisions were submitted by 
the Commonwealth of Pennsylvania on March 6, 2000.

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, approving revisions to Pennsylvania 
volatile organic compounds regulations pertaining to VOC control 
requirements for motor vehicle repair and refinishing facilities, must 
be filed in the United States Court of Appeals for the appropriate 
circuit by October 13, 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 rule 
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: July 20, 2000.
Thomas C. Voltaggio,
Acting 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 paragraph (c)(148 ) to read 
as follows:


Sec. 52.2020  Identification of plan.

* * * * *
    (c) * * *
    (148) 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 definitions to 25 PA Code Chapter 121, General 
Provisions, at section 121.1 Definitions; addition of new section to 25 
PA Code Chapter 129, Standards For Sources, section 129.75, Mobile 
Equipment Repair and

[[Page 49503]]

Refinishing. These revisions became effective on November 27, 1999.
    (ii) Additional material.
    (A) Remainder of the March 6, 2000 submittal.
[FR Doc. 00-20531 Filed 8-11-00; 8:45 am]
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