[Federal Register Volume 75, Number 248 (Tuesday, December 28, 2010)]
[Rules and Regulations]
[Pages 81480-81484]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-32488]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2010-0857; FRL-9243-6]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; Allegheny County's Adoption of Control Techniques 
Guidelines for Large Appliance and Metal Furniture; Flat Wood Paneling; 
Paper, Film, and Foil Surface Coating Processes; and Revisions to 
Definitions and an Existing Regulation

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve revisions to the 
Pennsylvania State Implementation Plan (SIP). These SIP revisions 
include amendments to the Allegheny County Health Department (ACHD) 
Rules and Regulations, Article XXI, Air Pollution Control, and meet the 
requirement to adopt Reasonably Available Control Technology (RACT) for 
sources covered by EPA's Control Techniques Guidelines (CTG) standards 
for the following categories: Large appliance and metal furniture; flat 
wood paneling; and paper, film, and foil surface coating processes. 
These amendments will reduce emissions of volatile organic compounds 
(VOC) from large appliance and metal furniture; flat wood paneling; and 
paper, film, and foil surface coating processes. Therefore, this 
revision will help Pennsylvania attain and maintain the national 
ambient air quality standard (NAAQS) for ozone. This action is being 
taken under the Clean Air Act (CAA).

DATES: This rule is effective on February 28, 2011 without further 
notice, unless EPA receives adverse written comment by January 27, 
2011. 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 Docket ID Number EPA-
R03-OAR-2010-0857 by one of the following methods:
    A. http://www.regulations.gov. Follow the on-line instructions for 
submitting comments.
    B. E-mail: [email protected].
    C. Mail: EPA-R03-OAR-2010-0857, Marilyn Powers, Acting Associate 
Director, Office of Air Program Planning, Mailcode 3AP30, U.S. 
Environmental Protection Agency, Region III, 1650 Arch Street, 
Philadelphia, Pennsylvania 19103.
    D. 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 Docket ID No. EPA-R03-OAR-
2010-0857. 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.regulations.gov, 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 http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site is 
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 http://www.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 
http://www.regulations.gov index. 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 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 http://www.regulations.gov 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 Pennsylvania Department of 
Environmental Protection, Bureau of Air Quality Control, P.O. Box 8468, 
400 Market Street, Harrisburg, Pennsylvania 17105 or the Allegheny 
County Health Department, Bureau of Environmental Quality, Division of 
Air Quality, 301 39th Street, Pittsburgh, Pennsylvania 15201.

FOR FURTHER INFORMATION CONTACT: Irene Shandruk, (215) 814-2166, or by 
e-mail at [email protected].

SUPPLEMENTARY INFORMATION: On July 23, 2010, the Pennsylvania 
Department of Environmental Protection (PADEP) submitted to EPA a SIP 
revision concerning the adoption of the EPA CTGs for large appliance 
and metal furniture; flat wood paneling; and paper, film, and foil 
surface coating processes.

I. Background

    Section 172(c)(1) of the CAA provides that SIPs for nonattainment 
areas must include reasonably available control measures (RACM), 
including RACT for sources of emissions. Section 182(b)(2)(A) provides 
that for certain nonattainment areas, States must revise their SIPs to 
include RACT for sources of VOC emissions covered by a CTG document 
issued after November 15, 1990 and prior to the area's date of 
attainment.
    CTGs are intended to provide State and local air pollution control 
authorities information that should assist them in determining RACT for 
VOCs from various sources, including large appliance coatings, metal 
furniture coatings, flat wood paneling coatings, and paper, film, and 
foil coatings. In developing these CTGs, EPA, among other things, 
evaluated the sources of VOC emissions from this industry and the 
available control approaches for addressing these emissions, including 
the costs of such approaches. Based on available information and data, 
EPA provided recommendations for RACT for VOCs from large appliance 
coatings, metal furniture coatings, flat wood paneling coatings, and 
paper, film, and foil coatings.
    In December 1977, EPA published CTGs for large appliance coatings 
(EPA-450/2-77-034), surface coating of metal furniture (EPA-450/2-77-
032), and surface coating of paper (EPA-450/2-77-008). In June 1978, 
EPA published a CTG for flat wood paneling coatings (EPA-450/2-78-034). 
These CTGs discuss the nature of VOC emissions from these industries, 
available control

[[Page 81481]]

technologies for addressing such emissions, the costs of available 
control options, and other items.
    EPA promulgated national standards of performance for new 
stationary sources (NSPS) for the industries listed above, and EPA also 
published a national emission standard for hazardous air pollutants 
(NESHAP) for these industries.
    In 2006 and 2007, after conducting a review of currently existing 
State and local VOC emission reduction approaches for these industries, 
reviewing the 1977/1978 CTGs and the NESHAPs for these industries, and 
taking into account the information that has become available since 
then, EPA developed new CTGs for: Surface coating of large appliances, 
entitled Control Techniques Guidelines for Large Appliance Coatings 
(Publication No. EPA 453/R-07-004; September 2007); surface coating of 
paper, entitled Control Techniques Guidelines for Paper, Film, and Foil 
Coatings (Publication No. EPA 453/R-07-003; September 2007); surface 
coating of metal furniture, entitled Control Techniques Guidelines for 
Metal Furniture Coatings (Publication No. EPA 453/R-07-005; September 
2007); and surface coating of flat wood paneling, entitled Control 
Techniques Guidelines for Flat Wood Paneling Coatings (Publication No. 
EPA 453/R-06-004).
    Large appliance coatings include, but are not limited to, materials 
referred to as paint, topcoats, basecoats, primers, enamels, and 
adhesives used in the manufacture of large appliance parts or products. 
Coatings are a critical constituent to the large appliance industry. 
The metal furniture coatings product category includes the coatings 
that are applied to the surfaces of metal furniture. Metal furniture 
coatings serve decorative, protective, and functional purposes. Flat 
wood paneling coatings means wood paneling products that are any 
interior, exterior or tileboard (class I hardboard) panel to which a 
protective, decorative, or functional material or layer has been 
applied. Emissions of VOCs from flat wood coating facilities occur 
primarily at the coating line, although some emissions also occur at 
paint mixing and storage areas. The paper, film, and foil product 
category includes coatings that are applied to paper, film, or foil 
surfaces in the manufacturing of several major product types for the 
following industry sectors: Pressure sensitive tape and labels; 
photographic film; industrial and decorative laminates; abrasive 
products; and flexible packaging. The category also includes coatings 
applied during miscellaneous coating operations for several products 
including: Corrugated and solid fiber boxes; die-cut paper paperboard 
and cardboard; converted paper and paperboard not elsewhere classified; 
folding paperboard boxes, including sanitary boxes; manifold business 
forms and related products; plastic asceptic packaging; and carbon 
paper and inked ribbons. VOC emissions from large appliance, metal 
furniture, flat wood paneling, and paper, film, or foil surface coating 
processes result from the evaporation of the components of the coatings 
and cleaning materials.

II. Summary of SIP Revision

    On July 23, 2010, the Pennsylvania Department of Environmental 
Protection (PADEP) submitted to EPA a SIP revision concerning the 
adoption of the EPA CTGs for large appliance and metal furniture; flat 
wood paneling; and paper, film, and foil surface coating processes in 
Allegheny County. EPA develops CTGs as guidance on control requirements 
for source categories. States can follow the CTGs or adopt more 
restrictive standards. Allegheny County has adopted EPA's CTG standards 
into ACHD Rules and Regulations, Article XXI, Air Pollution Control, 
section 2105.77 for large appliance and metal furniture; section 
2105.78 for flat wood paneling; and section 2105.79 for paper, film, 
and foil surface coating processes (see EPA 453/R-07-004, September 
2007; EPA 453/R-07-003, September 2007; EPA 453/R-07-005, September 
2007; EPA 453/R-06-004). Additionally, the SIP revision included 
revisions to an existing regulation (section 2105.10) for surface 
coating processes and related definitions (section 2101.20). This 
action affects sources that use large appliance and metal furniture; 
flat wood paneling; and paper, film, and foil surface coating processes 
in Allegheny County.
    New regulation, section 2105.77, Control of VOC Emissions from 
Large Appliance and Metal Furniture Surface Coating Processes 
establishes the following emissions limits of VOCs for Large Appliance 
and Metal Surface Coatings:

             Table 2105.77--Emissions Limits of VOCs for Large Appliance and Metal Surface Coatings
                                  [Weight of VOC per volume of coating solids]
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                                                      Baked                               Air dried
  Surface coating process category   ---------------------------------------------------------------------------
                                             kg/l              lb/gal              kg/l              lb/gal
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1. Large Appliance coating:                        0.40               3.3                0.40               3.3
    (a) general, one component......               0.40               3.3                0.55               4.5
    (b) general, multi-component....               0.55               4.62               0.55               4.62
    (c) extreme high gloss..........               0.55               4.62               0.55               4.62
    (d) extreme performance.........               0.55               4.62               0.55               4.62
    (e) heat resistant..............               0.55               4.62               0.55               4.62
    (f) metallic....................               0.55               4.62               0.55               4.62
    (g) pretreatment coatings.......               0.55               4.62               0.55               4.62
    (h) solar absorbent.............               0.55               4.62               0.55               4.62
2. Metal Furniture coating:                        0.40               3.3                0.40               3.3
    (a) general, one component......               0.40               3.3                0.55               4.5
    (b) general, multi-component....               0.61               5.06               0.55               4.5
    (c) extreme high gloss..........               0.61               5.06               0.61               5.06
    (d) extreme performance.........               0.61               5.06               0.61               5.06
    (e) heat resistant..............               0.61               5.06               0.61               5.06
    (f) metallic....................               0.61               5.06               0.61               5.06
    (g) pretreatment coatings.......               0.61               5.06               0.61               5.06
    (h) solar absorbent.............               0.61               5.06               0.61               5.06
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[[Page 81482]]

    Additionally, the regulation outlines applicability, limitations, 
exempt solvents, application techniques, and work practices.
    New regulation, section 2105.78, Control of VOC Emissions from Flat 
Wood Paneling Coating Processes establishes the following emissions 
limits of VOCs: The VOC content of each as applied coating is equal to 
or less than 2.9 lbs. VOC per gallon of coating solids (0.35 kg VOC per 
liter of coating solids). Additionally, the regulation outlines 
applicability, limitations, records, exempt solvents, application 
techniques, and work practices.
    New regulation, section 2105.79, Control of VOC Emissions from 
Paper, Film, and Foil Surface Coating operations establishes the 
following emissions limits of VOC:

    Table 2105.79--Emissions Limits of VOCs for Paper, Film, and Foil
                            Surface Coatings
         [Weight of VOC per weight of solids or coating applied]
------------------------------------------------------------------------
                                                        Coating applied
 Surface coating process category   Solids applied kg      kg VOC/kg
                                      VOC/kg solids         coatings
------------------------------------------------------------------------
Pressure Sensitive Tape and Label.               0.20              0.067
Paper, Film, and Foil (Not                       0.40              0.08
 including pressure sensitive tape
 and labels)......................
------------------------------------------------------------------------

    Additionally, the regulation outlines applicability, limitations, 
records, exempt solvents, application techniques, and work practices.
    In addition to adopting the CTGs discussed above, definitions 
arising from these CTG regulations were added to Article XXI (section 
2101.20) and are being added to the Allegheny County portion of the 
Pennsylvania SIP. Definitions were added for exterior panels, interior 
panels, flat wood panel coating, and tileboard.
    Changes were also made to an existing regulation, section 2105.10, 
Surface Coating Processes, making outdated limits for sources covered 
by these CTG regulations void after January 1, 2011. The specific 
language added is as follows:
    1. The limits from section 2105.10 and Table section 2105.10, 
number 7 for metal furniture coating and number 9 for large appliance 
coating, no longer apply to the large appliance and metal furniture 
surface coating process as of January 1, 2011.
    2. The limits from section 2105.10 and Table section 2105.10, 
number 5 for Paper coating, no longer apply to the paper, film, and 
foil surface coating process as of January 1, 2011.

III. Final Action

    Pennsylvania's July 23, 2010 SIP revision meets the CAA requirement 
to include RACT for sources covered by the EPA CTGs for the following 
categories in Allegheny County: Large appliance and metal furniture; 
flat wood paneling; and paper, film, and foil surface coating 
processes. Therefore, EPA is approving the Pennsylvania SIP revision 
for adoption of the CTG standards for large appliance and metal 
furniture; flat wood paneling; and paper, film, and foil surface 
coating processes. 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 February 28, 
2011 without further notice unless EPA receives adverse comment by 
January 27, 2011. 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 the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, EPA's role is to approve State 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely approves State law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by State law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     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);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have Tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the State, and EPA notes that it will not impose substantial direct

[[Page 81483]]

costs on Tribal governments or preempt Tribal law.

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 action 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. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action 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 February 28, 2011. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action 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. Parties with objections to this direct final 
rule are encouraged to file a comment in response to the parallel 
notice of proposed rulemaking for this action published in the proposed 
rules section of today's Federal Register, rather than file an 
immediate petition for judicial review of this direct final rule, so 
that EPA can withdraw this direct final rule and address the comment in 
the proposed rulemaking. This action pertaining to Allegheny County's 
adoption of the CTG standards for large appliance and metal furniture, 
flat wood paneling, and paper, film, and foil surface coating processes 
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, Incorporation by 
reference, Ozone, Reporting and recordkeeping requirements, Volatile 
organic compounds.

    Dated: December 14, 2010.
W.C. Early,
Acting, 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 entries for Article XXI, Sections 2101.20 and 2105.10, and 
adding entries for Article XXI, Sections 2105.77, 2105.78, 2105.79 to 
read as follows:


Sec.  52.2020  Identification of plan.

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

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                                                      State effective                     Additional explanation/
   Article XX or XXI citation       Title/subject          date        EPA approval date      Sec.   52.2063
-------------------------------------------------------------------------------------------------citation-------
                                                 Part A--General
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                                                  * * * * * * *
2101.20........................  Definitions.......           5/24/10  12/28/10 [Insert   Addition of four new
                                                                        page number        definitions: Exterior
                                                                        where the          panels, interior
                                                                        document begins]   panels, flat wood
                                                                                           panel coating, and
                                                                                           tileboard.
 
                                                  * * * * * * *
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                                 Part E--Source Emission and Operating Standards
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
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                                             Subpart 1--VOC Sources
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
2105.10........................  Surface Coating              5/24/10  12/28/10 [Insert   Revision to
                                  Processes.                            page number        Applicability,
                                                                        where the          section 2105.10(a).
                                                                        document begins].
----------------------------------------------------------------------------------------------------------------
                                      Subpart 7--Miscellaneous VOC Sources
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
2105.77........................  Control of VOC               5/24/10  12/28/10 [Insert   New Regulation.
                                  Emissions from                        page number
                                  Large Appliance                       where the
                                  and Metal                             document begins]
                                  Furniture Surface
                                  Coating Processes.
2105.78........................  Control of VOC               5/24/10  12/28/10 [Insert   New Regulation.
                                  Emissions from                        page number
                                  Flat Wood                             where the
                                  Paneling Coating                      document begins]
                                  Processes.

[[Page 81484]]

 
2105.79........................  Control of VOC               5/24/10  12/28/10 [Insert   New Regulation.
                                  Emissions from                        page number
                                  Paper, Film, and                      where the
                                  Foil Surface                          document begins]
                                  Coating Processes.
 
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[FR Doc. 2010-32488 Filed 12-27-10; 8:45 am]
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