[Federal Register Volume 70, Number 121 (Friday, June 24, 2005)]
[Rules and Regulations]
[Pages 36511-36515]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-12581]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[R03-OAR-2005-PA-0014; FRL-7927-5]


Approval and Promulgation of Air Quality Implementation Plans; 
Commonwealth of Pennsylvania; Control of VOC Emissions From Aerospace, 
Mobile Equipment, and Wood Furniture Surface Coating Applications for 
Allegheny County

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve a revision to the 
Allegheny County portion of the Commonwealth of Pennsylvania State 
Implementation Plan (SIP). This revision, submitted by the Pennsylvania 
Department of Environmental Protection (PADEP) on behalf of the 
Allegheny County Health Department (ACHD), establishes standards and 
requirements to control volatile organic compounds (VOCs) emissions 
from aerospace, mobile equipment, and wood furniture surface coating 
applications, and modifies existing regulations for general and 
specific coating processes. This revision updates the ACHD's 
regulations to make them consistent with the Commonwealth's SIP-
approved regulations regarding the affected surface coating processes. 
EPA is approving this revision to the Allegheny portion of the 
Commonwealth of Pennsylvania SIP in accordance with the requirements of 
the Clean Air Act.

DATES: This rule is effective on August 23, 2005, without further 
notice, unless EPA receives adverse written comment by July 25, 2005. 
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: Submit your comments, identified by Regional Material in 
EDocket (RME) ID Number R03-OAR-2005-PA-0014, by one of the following 
methods:
    A. Federal eRulemaking Portal: http://www.regulations.gov. Follow 
the on-line instructions for submitting comments.
    B. Agency Web site: http://www.docket.epa.gov/rmepub/index.jsp RME, 
EPA's electronic public docket and comment system, is EPA's preferred 
method for receiving comments. Follow the on-line instructions for 
submitting comments.
    C. E-mail: [email protected].
    D. Mail: R03-OAR-2005-PA-0014, David Campbell Chief, Air Quality 
Planning Branch, Mailcode 3AP21, U.S. Environmental Protection Agency, 
Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.
    E. Hand Delivery: At the previously-listed EPA Region III address. 
Such deliveries are only accepted during the Docket's normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information.
    Instructions: Direct your comments to RME ID No. R03-OAR-2005-PA-
0014. EPA's policy is that all comments received will be included in 
the public docket without change, and may be made available online at 
http://www.docket.epa.gov/rmepub/, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through RME, regulations.gov 
or e-mail. The EPA RME and the Federal regulations.gov Web sites are an 
``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through RME or regulations.gov, your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. 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. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses.
    Docket: All documents in the electronic docket are listed in the 
RME index at http://www.docket.epa.gov/rmepub/. Although listed in the 
index, some information is not publicly available, i.e., CBI or other 
information whose disclosure is restricted by statute. Certain other 
material, such as

[[Page 36512]]

copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available either electronically in RME or in hard copy 
during normal business hours at the Air Protection Division, U.S. 
Environmental Protection Agency, Region III, 1650 Arch Street, 
Philadelphia, Pennsylvania 19103. Copies of the State submittal are 
available at the Allegheny County Health Department, Bureau of 
Environmental Quality, Division of Air Quality, 301 39th Street, 
Pittsburgh, Pennsylvania 15201.

FOR FURTHER INFORMATION CONTACT: Ellen Wentworth, (215) 814-2034, or by 
e-mail at [email protected]

SUPPLEMENTARY INFORMATION:

I. Background

    On March 18, 2004, the Commonwealth of Pennsylvania, on behalf of 
Allegheny County, submitted a formal revision to its State 
Implementation Plan (SIP). The revision modifies existing regulations 
under ACHD's Rules and Regulations, Article XXI, sections 2101.20, 
2105.01, and 2105.10 pertaining to surface coating processes in 
general, and creates new sections, 2105.74, 2105.75, and 2105.76 
specific to the aerospace, automotive, and wood furniture industries, 
respectively. These new regulations are applicable to all automotive 
touch-up and repair facilities, certain aircraft maintenance 
facilities, and wood furniture manufacturing facilities that meet or 
exceed specified emission thresholds.

II. Summary of SIP Revision

    The March 18, 2004 revision to the Pennsylvania SIP, submitted by 
PADEP on behalf of Allegheny County, is based on recent PADEP 
amendments, EPA Control Technique Guidelines (CTGs), and National 
Emission Standards for Hazardous Air Pollutants (NESHAPS). This 
revision updates Allegheny County's Article XXI Air Pollution Control 
Regulations to make them consistent with previously SIP-approved PADEP 
regulations. Listed below is a summary of the SIP revision. For more 
detailed information on this revision, please see the technical support 
document (TSD) prepared for this rulemaking.

A. Part A--General, section 2101.20, Definitions

    This revision adds and revises definitions in Article XXI, section 
2101.20, Definitions, for terms that are used in the substantive 
sections of 2105.74, Aerospace Manufacturing and Rework, 2105.75, 
Mobile Equipment Repair and Refinishing, and 2105.76, Wood Furniture 
Manufacturing Operations.

B. Part E--Source Emission and Operating Standards, section 2105.01, 
Equivalent Compliance Techniques

    This revision revises the VOC equivalency provisions of section 
2105.01, Equivalent Compliance Techniques of the ACHD's Article XXI Air 
Pollution Control Regulations. The revision authorizes compliance with 
section 2105.01 by the use of an alternative method if that method is 
incorporated by the Department into an applicable federally enforceable 
installation permit or operating permit subject to review by EPA. The 
revision removes the requirement that alternative compliance methods 
for certain VOC requirements be submitted to EPA as a SIP revision. 
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 as a part of the 
permitting process to ensure that it produced results equivalent to the 
method specified in the regulations, thereby not jeopardizing 
attainment of the ozone standard.

C. Part E--Source Emission and Operating Standards-Subpart 1, VOC 
Sources, section 2105.10, Surface Coating Processes

    This revision to the ACHD's Article XXI, section 2105.10, Surface 
Coating Processes, revises equations for calculating VOC content, 
recalculates emission limits on a ``per solids'' basis, and modifies 
recordkeeping requirements. This regulation applies to a surface 
coating process category, regardless of the size, which emits or has 
emitted VOCs into the outdoor atmosphere in quantities greater than 3 
pounds (1.4 kilograms) per hour, 15 pounds (7 kilograms) per day, or 
2.7 tons (2,455 kilograms) per year during any calendar year since 
January 1, 1987. A person may not cause or permit the emission into the 
outdoor atmosphere of VOCs from a surface coating process category in 
the regulation, unless the VOC content of each as applied coating is 
equal to or less than the standard specified in the regulation, or the 
overall weight of VOCs emitted to the atmosphere is reduced through the 
use of vapor recovery or incineration or another method which is 
acceptable under section 2105.01, Equivalent Compliance Techniques.

D. Part E--Source Emission and Operating Standards, Subpart 7--
Miscellaneous Sources, section 2105.74, Aerospace Manufacturing and 
Rework

    This revision adds a new section, 2105.74 to ACHD's Article XXI, 
adopting requirements to control VOC emissions from coatings and 
solvents used in the aerospace industry. This regulation updates ACHD's 
Article XXI Air Pollution Control regulations to reflect existing PADEP 
aerospace regulations, establishing emission limits and reasonably 
available control technology (RACT) for aerospace sources that have the 
potential to emit (PTE) 25 tons a year or more of VOCs. 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 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. Aerospace coatings 
that meet the definitions of the specific coatings of the regulation 
shall meet those allowable VOC limits.

E. Part E--Source Emission and Operating Standards, Subpart 7--
Miscellaneous Sources, section 2105.75, Mobile Equipment Repair and 
Refinishing

    This revision adds a new section, 2105.75, to ACHD's Article XXI 
Air Pollution Control Regulations, establishing allowable VOC-content 
requirements for coatings used in mobile equipment repair and 
refinishing. This regulation updates ACHD's Article XXI Air Pollution 
Control regulations to reflect existing PADEP mobile equipment repair 
and refinishing regulations. This regulation establishes emission 
limits, equations for calculating content, application techniques, and 
housekeeping requirements for non-assembly plant mobile equipment 
repair and refinishing sources. This regulation applies to a person who 
applies mobile equipment repair and refinishing or color-matched 
coatings to mobile equipment or mobile equipment components. This 
regulation does not apply to a person who applies surface coatings to 
mobile equipment or mobile equipment components if the surface coating 
process is subject to the miscellaneous metal parts finishing

[[Page 36513]]

requirements of the ACHD's Article XXI, section 2105.10, Surface 
Coating Processes, if the surface coating process is at an automobile 
assembly plant, or if the person applying the coatings does not receive 
compensation for the application of the coatings. A person subject to 
this regulation may not apply to mobile equipment or mobile equipment 
components any automotive pretreatment, automotive primer-surfacer, 
automotive primer-sealer, automotive topcoat, and automotive specialty 
coatings, including any VOC-containing materials added to the original 
coating supplied by the manufacturer, that contain VOCs in excess of 
the limits specified in the regulation.

F. Part E--Source Emission and Operating Standards, Subpart 7--
Miscellaneous Sources, section 2105.76, Wood Furniture Manufacturing 
Operations

    This revision adds a new section, 2105.74 to ACHD's Article XXI, 
adopting new VOC regulations for wood furniture operations including 
wood furniture finishing, cleaning, and wash-off operations. This 
regulation establishes emission limits and control technology for 
sources that have a PTE of 25 tons a year or more of VOCs from wood 
furniture manufacturing operations. In addition to setting VOC emission 
limits, the new regulation establishes work practice standards, 
compliance procedures, monitoring requirements, recordkeeping and 
reporting requirements, and special provisions for facilities using an 
emissions averaging approach. The limits in this regulation 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.
    An owner or an operator of a facility subject to this regulation 
shall limit VOC emissions from wood furniture manufacturing operations 
by: (1) Applying either waterborne topcoats or a combination of sealers 
and topcoats and strippable spray booth coatings with a VOC content 
equal to or less than the standards specified in the regulation; (2) 
using an emissions averaging program which meets the requirements of 
the emissions averaging provisions of the regulation; (3) using a 
control system that achieves a reduction in emissions equivalent to 0.8 
lb VOC/lb solids for topcoats, or 1.8 lbs VOC/lb solids for topcoats 
and 1.9 lbs VOC/lb solids for sealers; and (4) using a combination of 
the above methods.

III. Final Action

    EPA is approving a revision to the Allegheny County portion of the 
Pennsylvania SIP consisting of amendments to section 2101.20, 
Definitions, section 2105.01, Equivalent Compliance Techniques, and 
section 2105.10, Surface Coating Processes. In addition, EPA is also 
approving the addition to ACHD's Article XXI of new sections 2105.74, 
Aerospace Manufacturing and Rework, section 2105.75, Mobile Equipment 
Repair and Refinishing, and section 2105.76, Wood Furniture 
Manufacturing Operations. These revisions were submitted by the 
Commonwealth of Pennsylvania on behalf of Allegheny County on March 18, 
2004, and update ACHD's Article XXI regulations to make them consistent 
with existing PADEP regulations.
    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 23, 2005, without further 
notice unless EPA receives adverse comment by July 25, 2005. 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.

IV. Statutory and Executive Order Reviews

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 FR 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 tribal implications because it will 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). 
This action also does not have Federalism implications because it does 
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). 
This action merely approves a state rule implementing a Federal 
requirement, 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 ``Protection of Children 
from Environmental Health Risks and Safety Risks'' (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

[[Page 36514]]

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. 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 August 23, 2005. Filing a 
petition for reconsideration by the Administrator of this final rule, 
revising Allegheny County's Article XXI, VOC Control, General and 
Specific Surface Coating Applications, 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, Ozone, Reporting 
and recordkeeping requirements, Volatile organic compounds.

    Dated: June 15, 2005.
Donald S. Welsh,
Regional Administrator, Region III.

0
40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart NN--Pennsylvania

0
2. In Sec.  52.2020, the table in paragraph(c)(2) is amended by 
revising the title of the third column to read ``State effective 
date''; adding an entry for Part A, 2101.20 after the existing entry 
for 2101.20; adding entries for Part E, 2105.74, 2105.75, and 2105.76; 
and revising entries for Part E, 2105.01 and 2105.10 to read as 
follows:


Sec.  52.2020  Identification of plan.

* * * * *
    (c) * * *
    (2) * * *

----------------------------------------------------------------------------------------------------------------
                                                                                                    Additional
                                                                           State         EPA       explanation/
    Article XXI citation                    Title/subject                effective     approval   Sec.   52.2063
                                                                            date         date        citation
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                                                 PART A General
 
                                                  * * * * * * *
2101.20.....................  Definitions.............................      7/10/03      6/24/05
                                                                                         [Insert
                                                                                     page number
                                                                                       where the
                                                                                        document
                                                                                         begins]
 
                                                  * * * * * * *
                                 PART E Source Emission and Operating Standards
2105.01.....................  Equivalent Compliance Techniques........      7/10/03      6/24/05
                                                                                         [Insert
                                                                                     page number
                                                                                       where the
                                                                                        document
                                                                                         begins]
 
                                                  * * * * * * *
                                              Subpart 1 VOC Sources
2105.10.....................  Surface Coating Processes...............      7/10/03      6/24/05
                                                                                         [Insert
                                                                                     page number
                                                                                       where the
                                                                                        document
                                                                                         begins]
 
                                                  * * * * * * *
                                       Subpart 7 Miscellaneous VOC Sources
 
                                                  * * * * * * *
2105.74.....................  Aerospace Manufacturing and Rework......      7/10/03      6/24/05
                                                                                         [Insert
                                                                                     page number
                                                                                       where the
                                                                                        document
                                                                                         begins]

[[Page 36515]]

 
2105.75.....................  Mobile Equipment Repair and Refinishing.      7/10/03      6/24/05
                                                                                         [Insert
                                                                                     page number
                                                                                       where the
                                                                                        document
                                                                                         begins]
2105.76.....................  Wood Furniture Manufacturing Operations.      7/10/03      6/24/05
                                                                                         [Insert
                                                                                     page number
                                                                                       where the
                                                                                        document
                                                                                         begins]
 
                                                  * * * * * * *
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[FR Doc. 05-12581 Filed 6-23-05; 8:45 am]
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