[Federal Register Volume 76, Number 99 (Monday, May 23, 2011)]
[Rules and Regulations]
[Pages 29649-29652]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-12513]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2011-0063; FRL-9309-3]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; Adoption of Control Techniques Guidelines for Paper, 
Film, and Foil Surface Coating Processes

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: EPA is approving a State Implementation Plan (SIP) revision 
submitted by the Commonwealth of Pennsylvania (Pennsylvania). This SIP 
revision includes amendments to Chapter 121--General Provisions and 
Chapter 129--Standards for Sources, of Title 25 of the Pennsylvania 
Code. Pennsylvania's SIP revision meets the requirement to adopt 
Reasonably Available Control Technology (RACT) for sources covered by 
the Control Techniques Guidelines (CTG) standards for paper, film, and 
foil surface coating processes. EPA is approving this revision 
concerning the adoption of the CTG requirements for paper, film, and 
foil surface coating processes in accordance with the requirements of 
the Clean Air Act (CAA).

DATES: Effective Date: This final rule is effective on June 22, 2011.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2011-0063. All documents in the docket are listed in 
the http://www.regulations.gov website. Although listed in the 
electronic docket, some information is not publicly available, i.e., 
confidential business information (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 through http://www.regulations.gov or in hard copy 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. 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.

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

SUPPLEMENTARY INFORMATION: 

I. Background

    Section 182(b)(2) of the CAA, 42 U.S.C. 7511a(b)(2), requires that 
States having moderate nonattainment areas for ozone revise their SIP 
to include provisions requiring the implementation of RACT for certain 
sources, including categories of volatile organic compound (VOC) 
sources covered by a CTG document issued by the Administrator between 
November 15, 1990 and the date of attainment. EPA originally developed 
CTG standards for paper, film, and foil surface coating processes in 
1977 and revised them in 2007. Pennsylvania subsequently made changes 
to its SIP which adopted EPA's CTG standards for paper, film, and foil 
surface coating processes. The formal SIP revision was submitted by 
Pennsylvania to EPA on January 4, 2011. On March 4, 2011 (76 FR 11983), 
EPA published a notice of proposed rulemaking (NPR) for Pennsylvania. 
The NPR proposed approval of Pennsylvania's SIP revision for adoption 
of the CTG standards for paper, film, and foil surface coating 
processes. The formal SIP revision was submitted by Pennsylvania on 
January 4, 2011. One adverse comment was submitted on the March 4, 2011 
NPR (76 FR 11983). A summary of the comment and EPA's response is 
provided in section III of this document.

II. Summary of SIP Revision

    On January 4, 2011, the Pennsylvania Department of Environmental 
Protection (PADEP) submitted to EPA a SIP revision concerning the 
adoption of the EPA paper, film, and foil surface coating processes 
CTG. EPA develops CTGs as

[[Page 29650]]

guidance on control requirements for source categories. States can 
follow the CTGs or adopt more restrictive standards. Pennsylvania has 
adopted EPA's CTG standards for paper, film, and foil surface coating 
processes. Pennsylvania's regulations are in Chapter 121--General 
Provisions and in Chapter 129--Standards for Sources, in Title 25 of 
the Pennsylvania Code. Specifically, this revision amends the existing 
regulations at sections 121.1, 129.51, and 129.52, and adds a new 
section 129.52b. Several definitions were amended or added in section 
121.1, and section 129.52 was amended to extend coverage to paper, film 
and foil surface coating processes. The new section 129.52b includes 
VOC emission limits, work practices, and recordkeeping and reporting 
requirements, all of which are consistent with EPA's CTG for paper, 
film, and foil surface coating processes. The requirements in section 
129.52b supersede the requirements in 129.52 relating to control of VOC 
emissions from paper, film, and foil surface coating processes. The 
emission limits of VOCs for paper, film, and foil surface coatings are 
shown in Table 1. These emission limits apply if potential VOC 
emissions from a single line, prior to control, are 25 tons per year 
(tpy) or more.

 Table 1--Recommended Emission Limits for Paper, Film, and Foil Coatings
------------------------------------------------------------------------
                                            RACT limits
                          ----------------------------------------------
                                                        Paper, film, and
                                                          foil surface
          Units                                           coating (not
                             Pressure sensitive tape       including
                            and label surface coating       pressure
                                                         sensitive tape
                                                           and label)
------------------------------------------------------------------------
Kilograms VOC/kilograms                     0.20            0.40
   solids (pounds VOC/
        pounds solids)
Kilograms VOC/kilograms                    0.067            0.08
  coating (pounds VOC/
       pounds coating)
------------------------------------------------------------------------

    Additionally, VOC emission limits for paper coatings only and the 
associated applicability criteria that were in section 129.52(a)(2) 
were added to section 129.52b in order to carry forward previously 
regulated paper coating sources and to eliminate the potential for 
backsliding. These VOC emission limits apply only to paper coatings if 
actual VOC emissions have exceeded 3 pounds per hour, 15 pounds per 
day, or 2.7 tpy in any year since January 1, 1987. The emission limits 
are shown in Table 2.

           Table 2--Emission Limits of VOCs for Paper Coating
------------------------------------------------------------------------
                                                          RACT limit for
                          Units                            paper coating
------------------------------------------------------------------------
Pounds VOC/gallon coating solids........................            4.84
Kilogram VOC/liter coating solids.......................            0.58
------------------------------------------------------------------------

    Other specific requirements concerning this rulemaking and the 
rationale for EPA's action are explained in the NPR and the Technical 
Support Document (TSD) and will not be restated here. As noted below, 
EPA received one comment on the NPR and it was not germane.

III. Summary of Public Comment and EPA Response

    Comment: A commenter stated that ``it is a travesty that the EPA is 
attempting to take action, in the name of the unproven theory of 
anthropogenic global warming, through regulations that will harm the 
economy of the United States,'' and asserts that EPA is attempting to 
take such action on the issue of global warming which Congress has 
``decided that no action was warranted.'' The commenter further states 
that ``this is a blatant power grab by the EPA and the Obama 
administration to force their radical liberal ideas on the hard-
working, decent people of the country without their consent.''
    Response: This comment is not relevant to this rulemaking action. 
This action concerns the control of VOCs for the purpose of attaining 
the 1997 8-hour ozone National Ambient Air Quality Standard (NAAQS) and 
does not concern the regulation of emissions for the purpose of 
addressing global warming.

IV. Final Action

    EPA is approving Pennsylvania's adoption of the CTG requirements 
for paper, film, and foil surface coating processes as a revision to 
the Pennsylvania SIP.

V. Statutory and Executive Order Reviews

A. General Requirements

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA 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 CAA. 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 CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible

[[Page 29651]]

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 
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 CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by July 22, 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. This action concerning Pennsylvania's adoption of a CTG for 
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: May 9, 2011.
W.C. Early,
Acting Regional Administrator, Region III.

    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)(1) is amended by 
revising the entries for Sections 121.1, 129.51 and 129.52; and adding 
an entry for Section 129.52b after the existing entry for Section 
129.52. The amendments read as follows:


Sec.  52.2020  Identification of plan.

* * * * *
    (c) * * *
    (1) * * *

----------------------------------------------------------------------------------------------------------------
                                                                                                 Additional
        State citation              Title/subject          State        EPA approval date     explanation/Sec.
                                                      effective date                          52.2063 citation
----------------------------------------------------------------------------------------------------------------
                                       Title 25--Environmental Protection
                                           Article III--Air Resources
                                         Chapter 121--General Provisions
----------------------------------------------------------------------------------------------------------------
Section 121.1.................  Definitions.........        11/20/10  5/23/11 [Insert page  Definition of
                                                                       number where the      ``coating line''
                                                                       document begins].     added. Revision of
                                                                                             definitions for
                                                                                             ``coating'' and
                                                                                             ``paper coating.''
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                       Chapter 129--Standards for Sources
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                                 Sources of VOCs
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Section 129.51................  General.............        11/20/10  5/23/11 [Insert page  Paragraph 129.51(a)
                                                                       number where the      is amended.
                                                                       document begins].
Section 129.52................  Surface coating             11/20/10  5/23/11 [Insert page  Paragraph 129.52(j)
                                 processes.                            number where the      is added.
                                                                       document begins].
Section 129.52b...............  Control of VOC              11/20/10  5/23/11 [Insert page  New section is
                                 emissions from                        number where the      added.
                                 paper, film, and                      document begins].
                                 foil surface
                                 coating processes.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------


[[Page 29652]]

* * * * *
[FR Doc. 2011-12513 Filed 5-20-11; 8:45 am]
BILLING CODE 6560-50-P