[Federal Register Volume 76, Number 166 (Friday, August 26, 2011)]
[Proposed Rules]
[Pages 53369-53371]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-21936]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2011-0617; FRL-9457-1]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; Adhesives and Sealants Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve State Implementation Plan (SIP) 
revision submitted by the Commonwealth of Pennsylvania. The SIP 
revision pertains to amendments to 25 Pennsylvania Code (Pa. Code) 
Chapters 121, 129, and 130, relating to control of emissions of 
volatile organic compounds (VOC) from the manufacture, sale, use, or 
application of adhesives, sealants, primers, and solvents. The revision 
also amends related definitions. This action is being taken under the 
Clean Air Act (CAA).

DATES: Written comments must be received on or before September 26, 
2011.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2011-0617 by one of the following methods:
    A. http:[sol][sol]www.regulations.gov. Follow the on-line 
instructions for submitting comments.
    B. E-mail: [email protected].
    C. Mail: EPA-R03-OAR-2011-0617, Cristina Fernandez, 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 Number EPA-R03-OAR-
2011-0617. 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:[sol][sol]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:[sol][sol]www.regulations.gov or e-mail. The 
http:[sol][sol]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:[sol][sol]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:[sol][sol]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:[sol][sol]www.regulations.gov or in hard copy during normal 
business hours at the Air Protection Division, U.S. Environmental 
Protection Agency, Region III, 1650

[[Page 53370]]

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: Gregory Becoat, (215) 814-2036, or by 
e-mail at [email protected].

SUPPLEMENTARY INFORMATION: On January 12, 2011, the Pennsylvania 
Department of Environmental Protection (PADEP) submitted a revision to 
the Pennsylvania SIP. The SIP revision consists of Pennsylvania's 
amendments to 25 Pa. Code Chapters 121, 129, and 130 relating to 
general provisions, standards for sources, and standards for products. 
The amendments are part of Pennsylvania's strategy to achieve and 
maintain the 8-hour ozone national ambient air quality standard (NAAQS) 
throughout the Commonwealth.
    The SIP revision consists of the following amendments:

A. Amendments to 25 Pa. Code Chapter 121--General Provisions

    The amendments to section 121.1--Definitions, add definitions for 
53 new terms, including those that relate to the adhesive, sealant, 
primer, and solvent product categories regulated under section 129.77 
and Chapter 130, Subchapter D and amends definitions for 9 existing 
terms for clarity, style, and format or to explain new product 
categories.

B. Amendments to 25 Pa. Code Chapter 129--Standards for Sources of VOCs

    The revision amends section 129.51(a)--Equivalency, in order to 
include adhesives, sealants, primers, and solvents covered by section 
129.77, entitled ``Control of emissions from the use or application of 
adhesives, sealants, primers and solvents.'' Section 129.51(a) provides 
an alternative method for owners and operators of facilities to achieve 
compliance with air emission limits.
    The Ozone Transport Commission (OTC) states developed a model rule 
``OTC Model Rule For Adhesives and Sealants'' dated 2006 which was 
based on the 1998 California Air Resources Board (CARB) reasonably 
available control technology (RACT) determination. This RACT 
determination applied to both the manufacture and use of adhesives, 
sealants, adhesive primers, or sealant primers, in both industrial and 
manufacturing facilities and in the field. California Air Districts 
used this determination to develop regulations for this category. EPA 
addressed this source category with a Control Techniques Guideline 
(CTG) document for Miscellaneous Industrial Adhesives dated September 
2008. This CTG was developed in response to section 183(e) of the CAA 
requirement for EPA to study and regulate consumer and commercial 
products, which is included in EPA's Report to Congress, ``Study of 
Volatile Organic Compound Emissions from Consumer and Commercial 
Products--Comprehensive Emissions Inventory.''
    The miscellaneous industrial adhesives category was limited to 
adhesives and adhesive primers used in industrial and manufacturing 
operations and did not include products applied in the field. 
Therefore, the OTC model rule and state efforts in developing 
individual regulations preceded EPA's CTG for this source category and 
were broader in applicability.
    The new section 129.77 adds regulations that: (a) Set standards for 
the application of adhesives, sealants, adhesive primers, and sealant 
primers by providing options for appliers either to use a product with 
a VOC content equal to or less than a specified limit or to use add-on 
controls; (b) establish that owners or operators may not use or apply 
at the facility an adhesive, sealant, adhesive primer, sealant primer, 
surface preparation, or cleanup solvent that exceeds the VOC content 
limits; (c) specify requirements for owners or operators of a facility 
that uses or applies a surface preparation solvent or cleanup solvent 
or removes an adhesive, sealant, adhesive primer, and sealant primer 
from the parts of spray application equipment; (d) provide for an 
alternative add-on control system requirement of at least 85 percent 
overall control efficiency (capture and destruction), by weight; (e) 
specify requirements for proper storage and disposal, work practices, 
surface preparation, and cleanup solvent composition; and (f) specify 
exemptions, as well as registration and product labeling requirements, 
recordkeeping requirements, and test methods and compliance procedures.

C. Amendments to 25 Pa. Code Chapter 130 Subchapter D--Adhesives, 
Sealants, Primers, and Solvents General Provisions

    The new 25 Pa. Code Chapter 130 Subchapter D adds regulations that: 
(a) Set emission standards and VOC content limits for the sale, supply, 
offer for sale, manufacture, use, or application of adhesive, sealant, 
adhesive primer, and sealant primer products; (b) set emission 
standards and VOC content limits for the sale, supply, offer for sale, 
manufacture, use, or application sealant products applied to certain 
substrates, surface preparation solvents, and cleanup solvents; (c) 
establish requirements for surface preparation solvent or cleanup 
solvent, removal methods, and proper storage and disposal; (d) 
establish that a person may not solicit the use of a product if 
application would result in a violation of the applicable VOC content 
limit; (e) specify exemptions for an adhesive, sealant, adhesive 
primer, or sealant primer product; and (f) specify recordkeeping 
requirements, test methods, registration, and product labeling 
requirements and compliance procedures.
    A detailed summary of EPA's review of and rationale for proposing 
to approve this SIP revision may be found in the Technical Support 
Document (TSD) for this action which is available on-line at http://www.regulations.gov, Docket number EPA-R03-OAR-2011-0617.

III. Proposed Action

    EPA is proposing to approve the Pennsylvania SIP revision amending 
section 121.1 ``Definitions'' and section 129.51(a) ``Equivalency'' of 
25 Pa. Code Chapter 129. EPA is also proposing to approve the 
Pennsylvania SIP revisions adding section 129.77 ``Control of emissions 
from the use or application of adhesives, sealants, primers, and 
solvents'' of 25 Pa. Code Chapter 129 and 25 Pa. Code Chapter 130 
Subchapter D ``Adhesives, Sealants, Primers, and Solvents General 
Provisions.'' EPA is soliciting public comments on the issues discussed 
in this document. These comments will be considered before taking final 
action.

IV. Statutory and Executive Order Reviews

    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 proposes to approve state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this proposed 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);

[[Page 53371]]

     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 methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this proposed rule, pertaining to Pennsylvania's 
control of VOCs from adhesives and sealants, 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.

List of Subjects in 40 CFR Part 52

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

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

    Dated: August 11, 2011.
W.C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2011-21936 Filed 8-25-11; 8:45 am]
BILLING CODE 6560-50-P