[Federal Register Volume 69, Number 48 (Thursday, March 11, 2004)]
[Proposed Rules]
[Pages 11580-11582]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-5510]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[PA211-4224; FRL-7634-8]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; Control of Volatile Organic Compound Emissions From AIM 
Coatings

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve a State Implementation Plan (SIP) 
revision submitted by the Commonwealth of Pennsylvania. This revision 
pertains to the control of volatile organic compound (VOC) emissions 
from architectural and industrial maintenance (AIM) coatings.

DATES: Written comments must be received on or before April 12, 2004.

ADDRESSES: Comments may be submitted either by mail or electronically. 
Written comments should be mailed to Makeba Morris, Chief, Air Quality 
Planning Branch, Mailcode 3AP21, U.S. Environmental Protection Agency, 
Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. 
Electronic comments should be sent either to [email protected] or 
to http://www.regulations.gov, which is an alternative method for 
submitting electronic comments to EPA. To submit comments, please 
follow the detailed instructions described in Part III of the 
SUPPLEMENTARY INFORMATION section. 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; 
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 by e-
mail at [email protected].

SUPPLEMENTARY INFORMATION: On December 3, 2003, the Pennsylvania 
Department of Environmental Protection (PADEP) submitted a formal 
revision to its SIP. The SIP revision consists of the standards and 
requirements to control VOC emissions from AIM coatings.

I. Background

    In December 1999, EPA identified emission reduction shortfalls in 
several 1-hour ozone nonattainment areas in the Ozone Transport Region 
(OTR) and required those areas to address the shortfalls. The Ozone 
Transport Commission (OTC) developed model rules of control measures 
for a number of source categories and estimated the emission reduction 
benefits from implementing those model rules. The OTC AIM coatings 
model rule was based on the existing rules developed by the California 
Air Resources Board, which were analyzed and modified by the OTC 
workgroup to address VOC reduction needs in the OTR. The standards and 
requirements contained in Pennsylvania's AIM coatings rule are 
consistent with the OTC model rule. Versions of this same model rule to 
control VOC emissions from AIM coatings has been or is currently being 
adopted in several states in the Northeastern and Mid-Atlantic regions 
of the United States. As such this regulation does not impose 
requirements unique to the Commonwealth of Pennsylvania.

II. Summary of SIP Revision

    The Pennsylvania AIM coatings rule (Chapter 130, subpart C) applies 
to any person who supplies, sells, offers for sale, or manufactures, 
blends or repackages an AIM coating for use within the Commonwealth of 
Pennsylvania, as well as a person who applies or solicits the 
application of an AIM coating within the Commonwealth. The rule does 
not apply to the following: (1) Any AIM coating that is sold or 
manufactured for use outside the Commonwealth or for shipment to other 
manufacturers for reformulation or repackaging; (2) any aerosol coating 
product; or (3) any architectural coating that is sold in a container 
with a volume of one liter (1.057 quarts) or less. The rule sets 
specific VOC content limits, in grams per liter, for AIM coating 
categories with a compliance date of January 1, 2005. Manufacturers 
would ensure compliance with the limits by reformulating coatings and 
substituting coatings with compliant coatings that are already in the 
market. The rule contains VOC content requirements for a wide variety 
of field-applied coatings, including graphic arts coatings, lacquers, 
primers and stains. The rule also contains provisions for a variance 
from the VOC content limits, which can be issued only after public 
hearing and with conditions for achieving timely compliance. In 
addition, the rule contains administrative requirements for labeling 
and reporting. There are a number of test methods that would be used to 
demonstrate compliance with this rule. Some of these test methods 
include those promulgated by EPA and

[[Page 11581]]

South Coast Air Quality Management District of California. The test 
methods used to test coatings must be the most current approved method 
at the time testing is performed.

III. Proposed Action

    EPA is proposing to approve the Pennsylvania SIP revision for the 
control of VOC emissions from AIM coatings submitted on December 3, 
2003. The Pennsylvania AIM rule is part of the Commonwealth's strategy 
to achieve and maintain the ozone standard throughout the Commonwealth. 
EPA is soliciting public comments on the issues discussed in this 
document. These comments will be considered before taking final action. 
Interested parties may participate in the Federal rulemaking procedure 
by submitting either electronic or written comments. To ensure proper 
receipt by EPA, identify the appropriate rulemaking identification 
number PA211-4224 in the subject line on the first page of your 
comment. Please ensure that your comments are submitted within the 
specified comment period. Comments received after the close of the 
comment period will be marked ``late.'' EPA is not required to consider 
these late comments.
    1. Electronically. If you submit an electronic comment as 
prescribed below, EPA recommends that you include your name, mailing 
address, and an e-mail address or other contact information in the body 
of your comment. Also include this contact information on the outside 
of any disk or CD ROM you submit, and in any cover letter accompanying 
the disk or CD ROM. This ensures that you can be identified as the 
submitter of the comment and allows EPA to contact you in case EPA 
cannot read your comment due to technical difficulties or needs further 
information on the substance of your comment. EPA's policy is that EPA 
will not edit your comment, and any identifying or contact information 
provided in the body of a comment will be included as part of the 
comment that is placed in the official public docket. 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.
    i. E-mail. Comments may be sent by electronic mail (e-mail) to 
[email protected], attention: PA211-4224. EPA's e-mail system is 
not an ``anonymous access'' system. If you send an e-mail comment 
directly without going through Regulations.gov, EPA's e-mail system 
automatically captures your e-mail address. E-mail addresses that are 
automatically captured by EPA's e-mail system are included as part of 
the comment that is placed in the official public docket.
    ii. Regulations.gov. Your use of Regulations.gov is an alternative 
method of submitting electronic comments to EPA. Go directly to http://www.regulations.gov, then select ``Environmental Protection Agency'' at 
the top of the page and use the ``go'' button. The list of current EPA 
actions available for comment will be listed. Please follow the online 
instructions for submitting comments. The system is an ``anonymous 
access'' system, which means EPA will not know your identity, e-mail 
address, or other contact information unless you provide it in the body 
of your comment.
    iii. Disk or CD ROM. You may submit comments on a disk or CD ROM 
that you mail to the mailing address identified in the ADDRESSES 
section of this document. These electronic submissions will be accepted 
in WordPerfect, Word or ASCII file format. Avoid the use of special 
characters and any form of encryption.
    2. By Mail. Written comments should be addressed to the EPA 
Regional office listed in the ADDRESSES section of this document.
    For public commenters, it is important to note that EPA's policy is 
that public comments, whether submitted electronically or in paper, 
will be made available for public viewing at the EPA Regional Office, 
as EPA receives them and without change, unless the comment contains 
copyrighted material, confidential business information (CBI), or other 
information whose disclosure is restricted by statute. When EPA 
identifies a comment containing copyrighted material, EPA will provide 
a reference to that material in the version of the comment that is 
placed in the official public rulemaking file. The entire printed 
comment, including the copyrighted material, will be available at the 
Regional Office for public inspection.

Submittal of CBI Comments

    Do not submit information that you consider to be CBI 
electronically to EPA. You may claim information that you submit to EPA 
as CBI by marking any part or all of that information as CBI (if you 
submit CBI on disk or CD ROM, mark the outside of the disk or CD ROM as 
CBI and then identify electronically within the disk or CD ROM the 
specific information that is CBI). Information so marked will not be 
disclosed except in accordance with procedures set forth in 40 CFR part 
2.
    In addition to one complete version of the comment that includes 
any information claimed as CBI, a copy of the comment that does not 
contain the information claimed as CBI must be submitted for inclusion 
in the official public regional rulemaking file. If you submit the copy 
that does not contain CBI on disk or CD ROM, mark the outside of the 
disk or CD ROM clearly that it does not contain CBI. Information not 
marked as CBI will be included in the public file and available for 
public inspection without prior notice. If you have any questions about 
CBI or the procedures for claiming CBI, please consult the person 
identified in the FOR FURTHER INFORMATION CONTACT section.

Considerations When Preparing Comments to EPA

    You may find the following suggestions helpful for preparing your 
comments:
    1. Explain your views as clearly as possible.
    2. Describe any assumptions that you used.
    3. Provide any technical information and/or data you used that 
support your views.
    4. If you estimate potential burden or costs, explain how you 
arrived at your estimate.
    5. Provide specific examples to illustrate your concerns.
    6. Offer alternatives.
    7. Make sure to submit your comments by the comment period deadline 
identified.
    8. To ensure proper receipt by EPA, identify the appropriate 
regional file/rulemaking identification number in the subject line on 
the first page of your response. It would also be helpful if you 
provided the name, date, and Federal Register citation related to your 
comments.

IV. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
proposed 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 proposes to approve state law as meeting Federal 
requirements and imposes no additional requirements beyond those 
imposed by state law. Accordingly, the Administrator certifies that 
this proposed rule will not have a significant economic impact on a 
substantial

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number of small entities under the Regulatory Flexibility Act (5 U.S.C. 
601 et seq.). Because this rule proposes to approve 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 
(Pub. L. 104-4). This proposed 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 proposes to approve 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 proposed 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 proposed 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 proposed rule pertaining to Pennsylvania's AIM 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.).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental 
relations, Ozone, Reporting and recordkeeping requirements, Volatile 
organic compounds.

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


    Dated: March 2, 2004.
Thomas C. Voltaggio,
Acting Regional Administrator, Region III.
[FR Doc. 04-5510 Filed 3-10-04; 8:45 am]
BILLING CODE 6560-50-P