[Federal Register Volume 66, Number 122 (Monday, June 25, 2001)]
[Rules and Regulations]
[Pages 33645-33648]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-15751]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[PA155-4114a; FRL-6998-6]


Approval and Promulgation of Air Quality Implementation Plans; 
Commonwealth of Pennsylvania; Control of Volatile Organic Compounds 
(VOCs) for Aerospace Operations and Miscellaneous VOC Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: EPA is approving revisions to the Commonwealth of Pennsylvania 
State Implementation Plan (SIP) submitted on March 6, 2000, by the 
Pennsylvania Department of Environmental Protection (PADEP). These 
revisions adopt new volatile organic compound (VOC) regulations for the 
aerospace industry and add new definitions for terms used in 
regulations containing standards for VOC sources. These revisions also 
modify the approval process for the use of alternative compliance 
methods for certain VOC control requirements. EPA is approving these 
revisions to the Commonwealth of Pennsylvania SIP in accordance with 
the requirements of the Clean Air Act. (CAA).

DATES: This rule is effective on August 24, 2001, without further 
notice, unless EPA receives adverse written comment by July 25, 2001. 
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, 
Air Quality Planning & Information Services 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 the 
Pennsylvania Department of Environmental Protection, Bureau of Air 
Quality, P.O. Box 8468, 400 Market Street, Harrisburg, Pennsylvania.

FOR FURTHER INFORMATION CONTACT: Janice Lewis, (215) 814-2185, or Ellen 
Wentworth, (215) 814-2034, at the EPA Region III address above, or by 
e-mail at [email protected] or [email protected]

SUPPLEMENTARY INFORMATION:

I. Description of the SIP Revision and EPA's Action

    The information in this section is organized as follows:

A. What Action Is EPA Taking Today?
B. To What Facilities/Operations Do These Revisions Apply?
C. What Are the Provisions of the New and Revised Regulations?
D. Why Is EPA Approving the SIP Revisions?
E. What Is the Process for EPA Approval of This Action?

What Action Is EPA Taking Today?

    EPA is approving revisions to the Commonwealth of Pennsylvania SIP 
which were submitted on March 6, 2000 by PADEP. This SIP revision adds 
a new section, 129.73, Aerospace Manufacturing and Rework, to 25 PA 
Code, Chapter 129, Standards For Sources, establishing requirements to 
control VOC emissions from coatings and solvents used in the aerospace 
industry. In addition, we are approving revisions to 25 PA Code, 
Chapter 129, Standards for Sources, section 129.51, General. These 
revisions remove the requirement that alternative compliance methods 
for meeting the VOC requirements contained in Chapter 129, sections 
129.52, and 129.54-129.73 be submitted to EPA as a SIP revision. The 
revisions now allow an alternative compliance method to be incorporated 
into a plan approval or operating permit or both, subject to review by 
EPA. We are also approving a SIP revision that amends 25 PA Code, 
Chapter 121, General Provisions, section 121.1, Definitions, to include 
the addition of the definition of terms used in the substantive 
sections of Chapter 129.

To What Facilities/Operations Do These Revisions Apply?

    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

[[Page 33646]]

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. The new regulations are applicable to all sources with the 
potential to emit 25 tons of VOC per year. If a facility which is 
involved in the manufacture or rework of aerospace vehicles or 
components has potential VOC emissions of 25 tons per year or more, it 
is subject to the requirements of section 129.73. If a facility coats 
or cleans a variety of products in addition to aerospace products, the 
operations could be subject to other requirements, including the 
surface coating limitations in section 129.52. Facilities which are 
solely involved in aerospace coating operations and have the potential 
to emit less than the applicability thresholds would not be subject to 
the aerospace coating limitations.

What Are the Provisions of the New and Revised Regulations?

    As mentioned previously, this SIP revision adds a new section 
129.73, Aerospace Manufacturing and Rework, to 25 PA Code, Chapter 129, 
Standards For Sources, which establishes requirements to control VOC 
emissions from coatings and solvents used in the aerospace industry. 
Section 129.73(1) defines the exemptions to the cleaning and coating of 
aerospace components and vehicles. Section 129.73(2) specifies that the 
exemption for touch-up, aerosol, and Department of Defense (DOT) 
classified coatings, coatings of space vehicles, and small volume 
coatings is only from the VOC content limits of the coatings, and not 
the other provisions of the aerospace regulation. Section 129.73(3) 
requires that the specific coatings listed in the regulation meet 
specified allowable VOC limits. All other coatings are subject to the 
SIP's general coating VOC limits. Section 129.73(4) establishes the 
methodology for calculating the VOC content of coatings. Section 
129.73(5) establishes the application techniques for applying aerospace 
coatings, and section 129.73(6) establishes exceptions to those coating 
technique requirements. Section 129.73(7) establishes limitations for 
hand-wipe cleaning of aerospace vehicles or components, and section 
129.73(8) establishes exceptions to the hand-wipe requirements. 
Sections 129.73(9), (10), and (11) establish requirements for cleaning 
solvent containers, spray gun cleaning and housekeeping. Section 
129.73(12) authorizes compliance through the use of approved air 
pollution control equipment. Section 129.73(13) establishes the record 
keeping requirements for aerospace manufacturing and rework facilities.
    The SIP revision also revises the VOC equivalency provisions of 
Chapter 129, Standards for Sources, Chapter 129, section 129.51, 
General, to authorize compliance with Chapter 129 by the use of an 
alternative method if that method is incorporated by the Department 
into an applicable plan approval or operating permit, or both, subject 
to review by EPA. Specifically, section 129.51(a), Equivalency, and 
section129.51(a)(3) have been revised to add the new section, 129.73, 
relating to aerospace manufacturing and rework. The change to 
129.51(a)(6) removes the requirement that alternative compliance 
methods for meeting the VOC requirements contained in sections 129.52, 
and 129.54-129.73 be submitted to EPA as a SIP revision. The amendment 
requires, instead, that alternative compliance methods be incorporated 
into an applicable plan approval or operating permit, or both, subject 
to EPA review.
    The changes to Chapter 121, General Provisions, section 121.1, 
Definitions, adds definitions of terms used in the substantive 
provisions of Chapter 129, Pennsylvania's regulations which contain VOC 
emission standards.
    Additional definitions are provided for the following:

Ablative coating
Adhesion promoter
Adhesive bonding primer
Adhesive primer
Aerosol coating
Aerospace coating operation
Aerospace coating unit
Aerospace primer
Aerospace surface preparation
Aerospace topcoat
Aerospace vehicle or component
Aircraft fluid systems
Aircraft transparency
Antichafe coating
Antique aerospace vehicle or component
Aqueous cleaning solvent
Bonding maskant
CARC-chemical agent resistant coating
Chemical milling maskant
Cleaning operation
Cleaning solvent
Closed-cycle depainting system
Commercial exterior aerodynamic structure primer
Commercial interior adhesive
Compatible epoxy primer
Compatible substrate primer
Confined space
Corrosion prevention system
Critical use and line sealer maskant
Cryogenic flexible primer
Cyoprotective coating
Cyanoacrylate adhesive
Electric or radiation-effect coating
Electrostatic discharge and electromagnetic interference (EMI) coating
Elevated temperature skydrol resistant commercial primer
Epoxy polyamide topcoat
Exempt solvent
Fire-resistant (interior) coating
Flexible primer
Flight test coating
Flush cleaning
Fuel tank adhesive
Fuel tank coating
Hand-wipe cleaning operation
High temperature coating
Insulation covering
Intermediate release coating
Lacquer
Limited access space
Metalized epoxy coating
Mold release
Nonstructural adhesive
Operating parameter value
Optical antireflection coating
Part marking coating
Pretreatment coating
Radome
Rain erosion resistant coating
Rocket motor bonding adhesive
Rocket motor nozzle coating
Rubber-based adhesive
Scale inhibitor
Screen print ink
Sealant
Seal coat maskant
Self-priming topcoat
Semiaqueous cleaning solvent
Silicone insulation material
Solids
Solid film lubricant
Space vehicle
Specialty coating
Specialized function coating
Spray gun
Structural autoclavable adhesive
Structural nonautoclavable adhesive
Temporary protective coating
Thermal control coating
Touch-up and repair operation (also known as Aerospace touch-up and 
repair operation)
Type I chemical etchant
Type I chemical milling maskant
Type II chemical etchant
Type II chemical milling maskant
VOC composite vapor pressure
Waterborn (water-reducible) coating
Wet fastener installation coating
Wing coating

    The definition of Miscellaneous metal parts and products has been 
revised.

[[Page 33647]]

Why Is EPA Approving The SIP Revisions?

    The addition of section 129.73 to 25 PA Code Chapter 129, Standards 
for Sources, establishes specific allowable VOC content requirements 
for aerospace coatings. The CAA requires that SIPS for certain ozone 
nonattaiment areas be revised to require the implementation of 
reasonably available control technology (RACT) to control VOC 
emissions. Section 183(b)(3) of the CAA requires the EPA Administrator 
to issue a control techniques guideline (CTG ) for the control of VOC 
emissions from coatings and solvents used in the aerospace industry. 
EPA is approving Pennsylvania's regulations because they are based upon 
EPA's CTG for the aerospace industry as well as the applicable Maximum 
Achievable Control Technologies (MACT) to control hazardous air 
pollutants. They also appropriately allow Pennsylvania's aerospace 
manufacturers to utilize coatings specified by the United States 
Department of Defense (DOD), the United States Department of 
Transportation (DOT), and the National Aeronautics and Space 
Administration (NASA).
    EPA is also approving the revisions to Chapter 129, Standards for 
Sources, section 129.51 as described above. The revision requires the 
alternative compliance method to be incorporated into a plan approval 
or operating permit, or both, subject to EPA review. 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 to ensure that it produced results 
equivalent to the method specified in the regulations, thereby not 
jeopardizing progress towards attainment of the ozone standard.
    EPA is approving the addition of the definitions to Chapter 121, 
section 121.1, Definitions, because they are terms used in the 
substantive sections of Chapter 129 and satisfy all applicable federal 
requirements and policies.

What Is the Process for EPA Approval of This Action?

    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 24, 2001, without further 
notice unless EPA receives adverse comment by July 25, 2001. 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.

II. Final Action

    EPA is approving as revisions to the Commonwealth of Pennsylvania 
SIP the amendments to Chapter 121, General Provisions, section 121.1, 
Definitions; the revisions to Chapter 129, Standards for Sources, 
section 129.51, General; and the addition of section 129.73, Aerospace 
Manufacturing and Rework to Chapter 129 pertaining to VOC control 
requirements for the aerospace industry. These revisions were submitted 
by the Commonwealth of Pennsylvania on March 6, 2000.

III. What Are the 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). This rule also does 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), nor will it 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

[[Page 33648]]

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 24, 2001. Filing a 
petition for reconsideration by the Administrator of this final rule 
approving revisions to Pennsylvania's volatile organic compounds 
regulations and the adoption of new regulations for the aerospace 
industry 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, Hydrocarbons, 
Incorporation by reference, Intergovernmental relations, Ozone, 
Reporting and recordkeeping requirements.

    Dated: May 31, 2001.
Elaine B. Wright,
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)(155) to read 
as follows:


Sec. 52.2020  Identification of plan.

* * * * *
    (c) * * *
    (155) 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 129.73, 
Aerospace manufacturing and rework; and revisions to Chapter 129, 
Standards For Sources, section 129.51, General. These revisions became 
effective on April 10, 1999.
    (ii) Additional material. Remainder of March 6, 2000 submittal.

[FR Doc. 01-15751 Filed 6-22-01; 8:45 am]
BILLING CODE 6560-50-U