[Federal Register Volume 66, Number 140 (Friday, July 20, 2001)]
[Rules and Regulations]
[Pages 37908-37914]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-18186]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[PA168-4109a; FRL-7013-7]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; Control of VOCs From Wood Furniture Manufacturing, 
Surface Coating Processes and Other Miscellaneous Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving revisions to the Commonwealth of Pennsylvania 
State Implementation Plan (SIP) submitted on October 4, 2000 by the 
Pennsylvania Department of Environmental Protection (DEP). The 
revisions include the adoption of new VOC regulations for wood 
furniture manufacturing operations. These revisions also add new 
definitions, and amend or delete certain existing definitions for terms 
used in regulations pertaining to volatile organic compound (VOC) 
sources. The revisions also clarify the requirements Pennsylvania's 
surface coating regulations. Lastly, the revisions include minor 
amendments to Pennsylvania's regulations pertaining to sampling and 
testing methods. 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 September 18, 2001 without further 
notice, unless EPA receives adverse written comment by August 20, 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 
17105.

FOR FURTHER INFORMATION CONTACT: Rose Quinto, (215) 814-2182 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. What Are the Provisions of the New and Revised Regulations?
C. Why Is EPA Approving These SIP Revisions?
D. What Is the Process for EPA Approval?

A. What Action Is EPA Taking Today?

    EPA is approving revisions to the Commonwealth of Pennsylvania SIP 
which were submitted on October 4, 2000 by the Pennsylvania DEP. These 
SIP revisions amend 25 PA Code, Chapter 121, General Provisions, 
section 121.1, Definitions, to include the addition of new definitions, 
and the revision or deletion of certain existing definitions used in 
Chapter 129.
    We are also approving revisions to 25 PA Code, Chapter 129, 
Standards for Sources, to add new sections, 129.101-129.107, Wood 
Furniture Manufacturing Operations, which establish presumptive 
reasonably available control technology (RACT) for wood manufacturing 
operations.
    We are also approving revisions to 25 PA Code, Chapter 129, 
Standards for Sources, section 129.52, Surface Coating Processes, which 
clarifies which wood furniture manufacturing facilities are subject to 
section 129.52 and sections 129.101-129.107.
    Finally, we are approving revisions to 25 PA Code, Chapter 139, 
Sampling and Testing, section 139.4, References, to reflect the correct 
name and address for the Pennsylvania Department of Environmental 
Protection and the Bureau of Air Quality, and section 139.14, Emissions 
of VOCs, to require that the test methods and procedures for the 
content of total volatiles, solids and exempt solvents be equivalent to 
those found at subsection 139.4(1) and (5).

B. What Are the New and Revised Regulations?

Chapter 121, General Provisions--Additions, Revisions, Deletions to 
Section 121.1, Definitions

    This SIP revision adds definitions and revises or deletes certain 
existing definitions to Chapter 121, General Provisions, section 121.1 
Definitions, for terms used in the substantive provisions of Chapter 
129, Pennsylvania's regulations which contain VOC emission standards.
    Additional definitions are provided for the following: Adhesive, 
Alternative method, As applied, As Supplied, Basecoat, CPDS--Certified 
Product Data Sheet, Coating, Coating solids or solids, Compliant 
coating, Continuous coater, Conventional air spray, Cosmetic

[[Page 37909]]

specialty coatings, Enamel, Equivalent method, MSDS--Material Safety 
Data Sheet, Nonpermanent final finish, Normally closed container, 
Pollution prevention, Sealer, Stain, Strippable spray booth coating, 
Substrate, Thinner, Touch-up and repair, Wash-off operations, 
Waterborne coating, Wood furniture, Wood furniture component, and Wood 
furniture manufacturing operations.
    The following definitions have been deleted to eliminate 
inconsistencies between definitions for the existing surface coating 
requirements in section 129.52, and the newly adopted presumptive RACT 
requirements for wood furniture manufacturing operations in sections 
129.101-129.107: Clear sealers, Opaque ground coats and enamels, Other 
coatings, Semitransparent spray stains, and Semitransparent wiping and 
glazing stains.
    These amendments also include revisions to the following existing 
definitions: Dip coating, Miscellaneous metal parts and products, 
Process, Surface coating process, Topcoat, VOC-volatile organic 
compound, and Washcoat.

Chapter 129, Standard for Sources--Revisions to Section 129.52, Surface 
Coating Processes

    The amendments to section 129.52, Surface Coating Processes, serve 
to clarify and simplify existing requirements for surface coating 
processes. Summaries of the revised portions of section 129.52 are 
listed below.
    Subsection 129.52(b)(1)--The amendments delete the existing 
language requiring adjustment to a standard solvent density and a 
solids basis. This adjustment is incorporated into revisions relating 
to allowable content of VOCs in surface coatings by process.
    Subsection 129.52(b)(1)(i)--This amendment adds an equation for 
calculating the VOC content of the ``as applied'' coating on the basis 
of weight of VOC per volume of coating solids.
    Subsection 129.52(b)(1)(ii)--This amendment adds an equation for 
calculating the VOC content of dip coatings on a 30-day rolling average 
basis. The methodology for calculating the VOC content includes the 
gallons of thinner added to the coating in the process over any 
consecutive 30-day period to replace evaporated solvent.
    Subsection 129.52(b)(1)(iii)--This amendment adds an equation for 
calculating the VOC content on the basis of weight of VOC per weight of 
coatings solids.
    Subsection 129.52(b)(1)(iv)--The equation for dip-coating 
operations has been deleted because it would have established more 
stringent requirements than the Federal Control Technique Guideline 
(CTG) for Wood Furniture Manufacturing Operations. Paragraph (v) has 
been renumbered.
    Subsection 129.52(b)2--The existing equation for calculating the 
percentage of emission reductions needed for compliance purposes when 
using control equipment has been deleted. A new equation has been added 
for calculating the overall efficiency of the control system based on 
the new units of measurement in the regulation, which is the weight of 
VOC per volume of solids and weight of VOC per weight of solids.
    Subsection 129.52(c)--This amendment deletes the existing list of 
required records and adds record keeping requirements that are 
appropriate to the required methods used to evaluate compliance as 
specified in the Source Testing Manual.
    Subsection 129.52(f)--Amendments to this subsection add terms that 
are consistent with the ``roller coating,'' and ``cosmetic specialty 
coatings'' definitions specified in section 121.1, Definitions.
    Subsection 129.52(g)--This amendment moves the existing requirement 
for maintaining records for two years from section 129.52(c) to section 
129.52(g) to emphasize and add clarity to the amendments.
    Subsection 129.52(h)--This amendment adds an exemption from VOC 
emission limitations for small quantities of coatings used for 
determination of product quality and commercial acceptance, touch-up 
and repair, and other small quantity coatings. This subsection requires 
the facility owner or operator to submit a written request to the 
Department to exempt quantities of coating which do not exceed 50 
gallons a year for a single coating, and a total of 200 gallons each 
year for all coatings combined for the facility. The Department's 
written approval must be obtained prior to the use of the exempted 
coatings.

Chapter 129, Section 129.91, Control of Major Sources of NOX 
and VOCs--Revisions to Section 129.91 Subsection(a)

    The amendment to subsection(a) clarifies the RACT requirements 
applicable to wood furniture manufacturing facilities subject to 
section 129.52, Category 11 (relating to surface coating processes) and 
sections 129.101-129.107 (wood furniture and manufacturing operations).

Chapter 129, Standards for Sources--Addition of Sections 129.101-
129.107, Wood Furniture Manufacturing Operations

    This SIP revision adds sections 129.101-107, Wood Furniture 
Manufacturing Operations, to 25 PA Code, Chapter 129, Standards for 
Sources, establishing requirements to control VOC emissions from wood 
furniture manufacturing operations including wood furniture finishing, 
cleaning, and wash-off operations. These regulations are based upon 
EPA's CTG for the control of VOCs from wood furniture manufacturing 
operations and establish presumptive RACT requirements for certain wood 
manufacturing operations. Summary of the provisions of the new 
regulations are provided below.
Section 129.101, General Provisions and Applicability
    Subsection 129.101(a) states that sections 129.101-129.107 apply to 
each wood furniture manufacturing facility located in a Pennsylvania 
county located in the northeast ozone transport region or in a county 
classified as severe, serious, moderate or marginal nonattainment for 
ozone, and which emits or has the potential to emit (PTE) 25 tons or 
more per year of VOCs from wood furniture manufacturing operations. The 
most stringent VOC emission limits will apply to a wood furniture 
manufacturing operation that meets the applicable threshold limits for 
both section 129.52, relating to surface coating processes, and 
sections 129.101-129.107.
    Subsection 129.101(b) requires the owner or operator of an existing 
wood furniture manufacturing facility subject to the conditions of 
subsection (a) above to comply with the requirements of the new 
regulations within one year from the effective date of the final 
rulemaking. This compliance deadline does not apply to facilities which 
have RACT determinations approved by EPA as SIP revisions prior to June 
10, 2000.
    Subsection 129.101(c) provides a compliance deadline for the owner 
or operator of an existing wood furniture manufacturing facility which 
increases its actual emissions or PTE to 25 tons per year or more of 
VOCs from wood furniture manufacturing operations to comply with this 
section and sections 129.102-129.107. Within one (1) year after 
increasing actual VOC emissions or the PTE to 25 tons per year or more, 
the owner or operator of the affected facility must comply with 
sections 129.101-129.107, except for those facilities which have RACT 
determinations

[[Page 37910]]

approved by EPA as SIP revisions prior to June 10, 2000.
    Subsection 129.101(d) establishes a compliance date for existing 
facilities that install new sources. New sources installed at an 
existing facility must meet, at a minimum, the VOC emission standards 
of section 129.102 upon installation of the new source. This provision 
does not exempt a new source(s) installed at an existing facility from 
applicable new source review requirements.
    Subsection 129.101(e) describes the interface between the existing 
surface coating requirements in section 129.52, Surface Coating 
Processes, and the presumptive RACT requirements for wood furniture 
manufacturing. If actual or potential VOC emissions would subject the 
facility to both sections 129.52 and 129.101-129.107, the owner or 
operator would only have to demonstrate compliance with the most 
stringent emissions limitations.
    Subsection 129.101(f) describes the exemptions from the VOC 
emission limits in section 129.102. The limits in this section 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.
Section 129.102. Emission Standard
    This section includes the emission limits of VOCs for wood 
furniture manufacturing sealers, topcoats, and strippable spray booth 
coatings that are actually used for coating the substrate, and the 
methodology for compliance.
Section 129.103. Work Practice Standards
    This section establishes work practice standards to reduce VOC 
emissions from wood furniture manufacturing operations. The work 
practice standards include the development of a work practice 
implementation plan and operator training program, a leak inspection 
and maintenance plan, and a cleaning and wash-off solvent accounting 
system.
    Subsection 129.103(a) requires the owner or operator of a facility 
subject to the requirements in sections 129.101-129.107 to develop and 
maintain a written work practice implementation plan no later than 60 
days after the compliance date specified in section 129.101(b) or (c). 
The work practice implementation plan must include an operator training 
program, spray booth cleaning requirements, storage requirements, and 
application equipment requirements. The owner or operator of the 
facility must comply with each provision of the work practice 
implementation plan. The written plan must be available for inspection 
by the Department. If the Department determines that the work practice 
implementation plan does not adequately address the criteria specified 
in subsections 129.103(b)-(j), the owner or operator must revise the 
plan.
    Subsection 129.103(b) describes the elements of the operator 
training program. A copy of the required operator training program must 
be maintained with the work practice implementation plan. All new and 
existing personnel, including contract personnel, who are involved in 
coating, cleaning or wash-off operations, or implementation of the 
requirements in sections 129.101-129.107, must complete the operator 
training program according to the dates specified in this subsection.
    Subsection 129.103(c) lists the requirements for the leak 
inspection and maintenance plan including inspection schedules, 
inspection documentation methods, and repair and maintenance time 
frames.
    Subsection 129.103(d) describes the requirements pertaining to the 
cleaning and wash-off solvent accounting system. A solvent accounting 
form must be developed for recording information pertaining to the 
solvents used in cleaning and wash-off operations.
    Subsection 129.103(e) provides work practices for spray booth 
cleaning. The owners or operators of a facility may not use compounds 
containing more than 8.0 percent by weight of VOC for cleaning spray 
booth components other than conveyors, continuous coaters and their 
enclosures, or metal filters, unless the spray booth is being 
refurbished. When a spray booth is being refurbished, no more than one 
gallon of organic solvent can be used to prepare the booth prior to 
applying the new strippable booth coating. The strippable booth coating 
shall contain no more than 0.8 lb VOC/lb solids (0.8 kg VOC/kg solids), 
as applied.
    Section 129.03(f) pertains to storage requirements. It requires the 
owner or operator of a facility to use normally closed containers for 
storing coating, cleaning and wash-off materials.
    Subsection 129.103(g) describes the work practice standards for 
application equipment and limits the use of conventional air spray 
guns. The use of conventional air spray guns is prohibited if the 
conventional air spray guns are not used in accordance with the 
procedures in subsection 129.103(g)(1)-(6).
    Subsection 129.103(h) describes the work practice standards used 
for line cleaning solvent. The solvent used for line cleaning must be 
pumped or drained into a normally closed container.
    Subsection 129.103(i) describes the work practice standards for the 
solvent used to clean spray guns. The solvent used to clean spray guns 
must be collected into a normally closed container.
    Subsection 129.103(j) describes the work practice standards for the 
control of emissions from wash-off operations. The emissions from wash-
off operations must be controlled by using normally closed containers 
for the wash-off operations, and by tilting or rotating the part to 
drain as much of the solvent off as possible.
Section 129.104, Compliance Procedures and Monitoring Requirements
    This section describes compliance procedures and monitoring 
requirements used to demonstrate compliance with the presumptive RACT 
regulations for wood furniture manufacturing operations. The owner or 
operator of a facility subject to the emission standards of section 
129.102 must demonstrate compliance through the use of compliant 
coatings, add-on control devices, an emissions-averaging approach, or a 
combination of these compliance methods. When a combination of 
compliance options is selected, the owner or operator must demonstrate 
compliance with each applicable compliance technique.
    Subsection 129.104(a) describes the methods and procedures an owner 
or operator of the facility must used to demonstrate compliance with 
the VOC emission standards in section 129.102 (relating to emission 
standards). The owner or operator must maintain a Certified Product 
Data Sheet (CPDS) for each coating that is subject to the VOC emission 
limits and maintain records which demonstrate that each coating, as 
applied, meets the applicable VOC emission limit. When a control system 
is used to meet the VOC emission limits, the overall control efficiency 
must be calculated using the equations in subsection 129.104(a)(2).
    Subsection 129.104(b) describes the requirements for initial 
compliance.
    Subsection 129.104(b)(1) requires the owners or operators of a 
facility demonstrating compliance through the

[[Page 37911]]

use of compliant coatings to submit an initial compliance status report 
in accordance with subsection 129.106(a) specifying whether compliant 
sealers, topcoats and strippable spray booth coatings are being used by 
the facility.
    Subsection 129.104(b)(2) explains the initial compliance 
requirements for facilities using a continuous coater to apply sealers, 
topcoats, or both. To demonstrate initial compliance, the owners or 
operators are required to submit an initial compliance status report. 
The report must specify either that compliant sealers, topcoats, or 
both, as determined by the VOC content of the coating in the reservoir 
and as calculated from records, are being used, or that compliant 
sealers, topcoats, or both, as determined by the VOC content of the 
coating in the reservoir are being used, and the viscosity of the 
coating in the reservoir is being monitored.
    Subsection 129.104(b)(3) requires users of control systems to 
include the operating parameter values to be monitored for the capture 
device, and the results of the initial performance testing, in the 
initial compliance report. The procedures and test methods must meet 
the requirements specified in Chapter 139 (relating to sampling and 
testing).
    Subsection 129.104(b)(4) requires that an owner or operator of a 
facility subject to the work practice standards of section 129.103 
submit an initial compliance status report as required by subsection 
129.106(a).
    Subsection 129.104(c) pertains to continuous compliance 
demonstrations, and requires the owner or operator of a facility 
subject to the presumptive RACT requirements to submit a compliance 
certification in writing to the Department with the semiannual report 
required under subsection 129.106(b).
    Subsection 129.104(c)(1) requires facilities that use compliant 
coatings to demonstrate continuous compliance to maintain records and 
prove that the coatings used in their operations are compliant 
coatings. The compliance certification must also state that compliant 
sealers, topcoats, or both, and strippable spray booth coatings have 
been used each day in the semiannual reporting period and must identify 
the days of noncompliance and the reasons for noncompliance.
    Subsection 129.104(c)(2) explains the continuous compliance 
requirements for facilities using continuous coaters to apply sealers, 
topcoats, or both. The compliance certification submitted to the 
Department must include a statement that compliant sealers, topcoats, 
or both have been used each day in the semiannual reporting period. If 
the facility has not been in continuous compliance, the certification 
must include the days of noncompliance, and the reason for 
noncompliance.
    Subsection 129.104(c)(3) specifies the requirements for facilities 
that demonstrate continuous compliance by using a control system. 
Owners or operators of affected sources are required to install, 
calibrate, maintain and operate monitoring equipment that has been 
approved, in writing, by the Department. If the facility is using a 
control system that is not described in section 129.104, approval by 
the Department must be obtained prior to using the control system. The 
request for approval of the control system must include the following: 
a description of the system, test data verifying the performance of the 
system, the appropriate operating parameter values that will be 
monitored, and the monitoring device that will be used to demonstrate 
continuous compliance with the standard. The compliance certification 
for the control system must specify that the control system has not 
been operated at a daily average value greater than or less than (as 
appropriate) the operating parameter value for each day in the 
semiannual reporting period. If the operating parameter value is not in 
compliance, the certification must identify the days of noncompliance 
and the reason for noncompliance.
    Subsection 129.104(c)(4) requires that each owner or operator of a 
facility that is subject to the work practice standards of section 
129.103 demonstrate continuous compliance by following the work 
practice implementation plan. The compliance certification must state 
that the work practice implementation plan is being followed, or should 
otherwise identify the periods of noncompliance with the work practice 
standards and the reasons for noncompliance.
    Subsection 129.104(d) requires compliance certifications to be 
signed by a responsible official of the company. In addition to the 
certification requirements of this section, the certification must 
state that based on information and inquiry, the statements and 
information in the document are true, accurate and complete.
Section 129.105, Record keeping Requirements
    This section establishes record keeping requirements for wood 
furniture manufacturing operations. The owners or operators of affected 
facilities must keep adequate records to demonstrate compliance with 
the requirements in sections 129.101-129.107. The records must be 
maintained for at least 5 years. This section also includes specific 
record keeping requirements for facilities using compliant coatings, 
continuous coaters, control systems, or a combination of these methods. 
The record keeping requirements of subsections (a), (b), and (c) are to 
include the following:
    (1) A certified product data for each coating and strippable spray 
booth coating.
    (2) Records of the VOC content of the as applied coating. lbs VOC/
lb solids (kg VOC/kg solids), of each coating and strippable spray 
booth coating, and copies of data sheets documenting how the as applied 
values were determined. Owners or operators applying sealers, topcoats 
or both, using continuous coaters must also keep records of solvent and 
coating additions to the continuous coater reservoir and viscosity 
measurements.
    Subsection 129.105(d) prescribes additional record keeping 
requirements for control systems which include copies of the 
calculations to support the equivalency of using a control system and 
records of the daily average value of each continuously monitored 
parameter for each operating day. If all recorded values for a 
monitored parameter are within the range established during the initial 
performance test, the owner or operator may record that all values were 
within the range rather than calculating and recording an average for 
that day.
    Subsection 129.105(e) specifies that a copy of the work practice 
implementation plan and all records associated with meeting the 
requirements of that plan must be maintained on site. The records kept 
for the work implementation plan must also satisfy the record keeping 
requirements for applicable provisions of the work practice 
implementation plan including the operator training program, the leak 
inspection and maintenance plan, the cleaning and wash-off solvent 
accounting system, and restrictions on the use of conventional air 
spray guns.
    Subsection 129.105(f) requires the owner or operator of a facility 
that complies with section 129.103 or section 129.104(a)(1) to maintain 
a copy of the compliance certifications submitted in accordance with 
section 129.106(a) and the semiannual reports required by section 
129.106(b).
    Subsection 129.105(g) requires the owner or operator of a facility 
to maintain a copy of the other information submitted with the initial 
status report required under 129.106(a) and the semiannual reports 
required by section 129.106(b).

[[Page 37912]]

Section 129.106, Reporting Requirements
    This section establishes reporting requirements for wood furniture 
manufacturing operations subject to the presumptive RACT requirements 
of sections 129.101-129.107.
    Subsection 129.106(a) requires owners or operators of affected 
facilities to submit an initial compliance report to the Department no 
later than 60 days after the compliance date specified in section 
129.101(b) and (c). The report must include the items required under 
section 129.104(b).
    Subsection 129.106(b) requires the submittal of semiannual reports 
certifying compliance for the previous 6 months of wood furniture 
manufacturing operations. The first report should be submitted to the 
Department within 30 calendar days after the end of the first six-month 
period following the compliance date. Subsequent reports must be 
submitted within 30 calendar days after the end of each six-month 
period following the first report. Each semiannual report must include 
the information required by section 129.104(c) and (d), a statement of 
whether the facility was in compliance or noncompliance and, if the 
facility was in noncompliance, the measures taken to bring the facility 
into compliance.
Section 129.107, Special Provisions for Facilities Using an Emission 
Averaging Approach
    This section allows the owners or operators of manufacturing 
operations to comply with the VOC emission limitations by averaging 
emissions across wood furniture finishing lines using the emissions 
averaging approach. The wood furniture manufacturing operation may use 
stains, basecoats, washcoats, sealers, and topcoats in any emissions 
averaging program that meets the equivalency requirements in section 
129.51(a). The facility may use other coatings for its emissions 
averaging program if the averaging approach meets the equivalency 
requirements. The emissions averaging program submitted to the 
Department for approval prior to use must include a summary of the 
reasons why the facility would like to comply with the emission 
limitations through an equivalency determination using emissions 
averaging procedures. The program summary must also include an 
explanation of how averaging can be used to meet the emission 
limitations and a description of the types of coatings that will be 
included in the facility's emissions averaging program. An additional 
10% reduction in emissions is required under subsection (b) for 
affected facilities using the emissions averaging approach.
    Subsection 129.107(c) requires the owner or operator of the 
facility to submit a written summary to the Department explaining why 
the emissions averaging program should be used to demonstrate 
compliance. The written summary must also explain how emissions 
averaging can be used to meet the emissions limitations.
    Subsection 129.107(d) requires the owner or operator of the 
facility to describe the types of coatings that will be included in the 
emissions averaging program. Coatings used in an averaging program may 
include basecoats, sealers, stains, topcoats, and washcoats. Coatings 
in the emissions averaging program cannot be applied using a continuous 
coater unless the amount of coating used is determined on a daily 
basis.
    Subsection 129.107(e) specifies that the baseline for each coating 
included in the emissions averaging program shall be the lower of the 
actual or allowable emission rate as of the effective date of these 
regulations. The baseline emission rate for the facility may not be 
higher than what was presumed in the 1990 emissions inventory for the 
facility unless the Department has accounted for the increase in 
emissions as growth.
    Subsection 129.107(f) provides that the quantification procedures 
used in the emissions averaging program must demonstrate that the 
facility's actual emissions are less than the allowable emissions.
    Subsection 129.107(g) requires that the emissions averaging program 
submitted to the Department include monitoring, record keeping and 
reporting procedures that will allow Department inspectors or owners or 
operators of facilities using an averaging approach to determine the 
facility's compliance status on a daily basis. The monitoring, record 
keeping and reporting procedures must also include methods for 
determining required data when monitoring, record keeping and reporting 
violations result in missing, inadequate or erroneous monitoring and 
record keeping.

Chapter 139, Sampling and Testing, Subchapter A. Sampling and Testing 
Methods and Procedures--Revisions to Section 139.4, References, and 
139.14, Emissions of VOCs

    Section 139.4, References--The revisions to this section reflect 
the name change from the Pennsylvania Department of Environmental 
Resources to the Pennsylvania Department of Environmental Protection, 
and the name change from the Bureau of Air Quality Control to the 
Bureau of Air Quality.
    Section 139.14, Emissions of VOCs--The amendments to this section 
require that the test methods and procedures for the content of total 
volatiles, solids and exempt solvents be equivalent to those listed in 
section 139.4(1), Standards of Performance for New Stationary Sources, 
and 139.4(5), Source Testing Manual.

C. Why Is EPA Approving These SIP Revisions?

    Section 183(a) of the Clean Air Act (CAA) requires the EPA 
Administrator to issue control techniques guidelines (CTG)s for 11 
categories of stationary sources of VOCs. On May 20, 1996, the EPA 
published a CTG document for control of VOCs from wood furniture 
finishing, cleaning and washoff operations (61 FR 25223 (May 20, 1996). 
This CTG established a ``presumptive norm'' RACT for the control of 
VOCs for wood furniture manufacturing facilities located in marginal, 
moderate, serious, and severe ozone nonattainment areas or ozone 
transport regions, that emit or have the PTE 25 tons per year or more 
of VOCs. The CTG and model rule for wood furniture manufacturing 
operations were developed by the EPA after reaching consensus among 
representatives from the environmental community, the wood furniture 
industry, and state permitting agencies. On September 27, 1996, EPA 
published an addendum to the CTG which specified dates for the adoption 
and implementation of the standards. EPA is approving the addition of 
sections 129.101-129.107, Wood Furniture Manufacturing Operations to 25 
PA Code, Chapter 129 because this addition implements the Federal 
presumptive RACT requirements for wood furniture manufacturing 
operations established in EPA's CTG for wood furniture manufacturing 
operations as mandated by Section 182 of the CAA.
    EPA is approving the additions, deletions, and revisions to 
definitions in 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.
    The revisions to section 129.52, relating to surface coating 
processes, are the fourth in a series of changes implementing the 
Commonwealth's Regulatory Basics Initiative (RBI) and Executive Order 
1996-1. As part of the Commonwealth's RBI, the Pennsylvania DEP was 
tasked to review the Commonwealth's existing regulations and identify 
those that were more

[[Page 37913]]

stringent than Federal requirements, were obsolete, redundant, or no 
longer necessary. EPA is approving the revisions to section 129.52, 
Surface Coating Processes, because they clarify the existing 
requirements for surface coating processes.
    The amendment to section 129.91, Control of Major Sources of 
NOX and VOCs subsection (a) is approved since it will serve 
to clarify the relationship between the existing case-by-case RACT 
requirements and the newly adopted presumptive RACT requirements for 
wood furniture manufacturing operations.
    The revisions to Chapter 139, sections 139.4 and 139.14 are 
approved since they were also identified during the Commonwealth's 
Regulatory Basics Initiative. As stated previously, the revision to 
section 139.4 corrects the name for the Department, and the revision to 
section 139.14 adds several applicable terms.

D. 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 September 18, 2001 without 
further notice unless EPA receives adverse comment by August 20, 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 the revisions to the Commonwealth of Pennsylvania 
SIP submitted by the Pennsylvania DEP on October 4, 2000. The revisions 
amend Chapter 121, General Provisions, section 121.1, Definitions; 
Chapter 129, Standards for Sources, section 129.52, Surface Coating 
Processes; Chapter 129, Standards for Sources, section 129.91, Control 
of Major Sources of NOX and VOCs, subsection (a); add 
sections 129.101-129.107, Wood Furniture Manufacturing Operations to 
Chapter 129, Standards for Sources; and amend Chapter 139, Sampling and 
Testing, sections 139.4 and 139.14. i

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. 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 Fed. Reg. 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 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 
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 18, 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 wood furniture 
manufacturing operations does

[[Page 37914]]

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: July 5, 2001.
James W. Newsom,
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)(152) to read 
as follows:


Sec. 52.2020  Identification of plan.

* * * * *
    (c) * * *
    (152) Revisions to the Commonwealth of Pennsylvania Regulations 
pertaining to certain VOC regulations submitted on October 4, 2000 by 
the Pennsylvania Department of Environmental Protection:
    (i) Incorporation by reference.
    (A) Letter of October 4, 2000 from the Pennsylvania Department of 
Environmental Protection transmitting the revisions to VOC regulations.
    (B) Revisions to 25 PA Code, effective June 10, 2000.
    (1) Additions, Deletions and Revisions to Chapter 121, General 
Provisions, section 121.1, Definitions.
    (2) Revisions to Chapter 129, Standards for Sources, Sources of 
VOC, section 129.52, Surface Coating Processes.
    (3) Revision to Chapter 129, Standards for Sources, section 129.91, 
Control of Major Sources of NOX and VOCs, subsection (a).
    (4) Addition to Chapter 129, Standards for Sources of sections 
129.101-129.107, Wood Furniture Manufacturing Operations.
    (5) Revisions to Chapter 139, Sampling and Testing, section 139.4, 
References, and section 139.14, Emissions of VOCs.
    (ii) Additional Material.--Remainder of October 4, 2000 submittal.
[FR Doc. 01-18186 Filed 7-19-01; 8:45 am]
BILLING CODE 6560-50-P