[Federal Register Volume 79, Number 228 (Wednesday, November 26, 2014)]
[Rules and Regulations]
[Pages 70470-70472]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-27750]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2014-0475; FRL-9919-66-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; Allegheny County's Adoption of Control Techniques 
Guidelines for Four Industry Categories for Control of Volatile Organic 
Compound Emissions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is conditionally 
approving a State Implementation Plan (SIP) revision submitted by the 
Commonwealth of Pennsylvania on behalf of the Allegheny County Health 
Department (ACHD). This SIP revision includes amendments to the ACHD 
Rules and Regulations, Article XXI, Air Pollution Control, and meets 
the requirement to adopt Reasonably Available Control Technology (RACT) 
for sources covered by EPA's Control Techniques Guidelines (CTG) 
standards for the following categories: Miscellaneous metal and/or 
plastic parts surface coating processes, automobile and light-duty 
truck assembly coatings, miscellaneous industrial adhesives, and 
fiberglass boat manufacturing materials. Upon review of the submittal, 
EPA found that the average monomer volatile organic compound (VOC) 
content limits were referenced but not included in the regulation for 
fiberglass boat manufacturing materials. ACHD has committed to revising 
the regulation and submitting the table of VOC content limits for 
fiberglass boat manufacturing materials to EPA in order to address 
specific RACT requirements for Allegheny County. EPA is, therefore, 
conditionally approving this revision to the Pennsylvania SIP in 
accordance with the requirements of the Clean Air Act (CAA).

DATES: This final rule is effective on December 26, 2014.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2014-0475. All documents in the docket are listed in 
the www.regulations.gov Web site. 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 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 Allegheny County Health Department, 
Bureau of Environmental Quality, Division of Air Quality, 301 39th 
Street, Pittsburgh, Pennsylvania 15201 and 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 
email at [email protected].

SUPPLEMENTARY INFORMATION:

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 SIP 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. In 2008, EPA developed new CTGs for miscellaneous metal and 
plastic parts coatings, automobile and light-duty assembly coatings, 
miscellaneous industrial adhesives, and fiberglass boat manufacturing 
materials.

II. Summary of SIP Revision

    On November 15, 2013, the Pennsylvania Department of Environmental 
Protection (PADEP) submitted to EPA on behalf of ACHD a SIP revision 
concerning the adoption of the EPA CTGs for miscellaneous metal and/or 
plastic parts surface coating processes, automobile and light-duty 
truck assembly coatings, miscellaneous industrial adhesives, and 
fiberglass boat manufacturing materials in Allegheny County. These 
regulations are contained in the ACHD Rules and Regulations, Article 
XXI, Air Pollution Control sections 2105.83, 2105.84, 2105.85, and 
2105.86 to: (1) Establish applicability for miscellaneous metal and/or 
plastic parts surface coating processes, automobile and light-duty 
truck assembly coatings, miscellaneous industrial adhesives, and 
fiberglass boat manufacturing materials; (2) establish exemptions; (3) 
establish record-keeping and work practice requirements; and (4) 
establish emission limitations. Upon review of the November 15, 2013 
submittal, EPA found that a table of average monomer VOC content limits 
for fiberglass boat manufacturing materials was referenced, however, 
the table was erroneously not included in the regulation. Pursuant to 
section 110(k)(4) of the CAA, PADEP submitted on behalf of ACHD a 
letter dated July 16, 2014 committing to submit a SIP revision to EPA 
addressing this error. Other specific requirements and the rationale 
for EPA's proposed rulemaking action are explained in the NPR and will 
not be restated here. No public comments were received on the NPR.

III. Final Action

    In this rulemaking action, EPA is conditionally approving the 
Commonwealth of Pennsylvania SIP revision submitted on November 15, 
2013, which consists of amendments to the ACHD Rules and Regulations, 
Article XXI, Air Pollution Control for adopting RACT for sources 
covered by EPA's CTG standards for the following categories: 
Miscellaneous metal and/or plastic parts surface coating processes, 
automobile and light-duty truck assembly coatings, miscellaneous 
industrial adhesives, and fiberglass boat manufacturing materials. 
Pursuant to section 110(k)(4) of the CAA, this conditional approval is 
based upon a letter from PADEP on behalf of ACHD dated July 16, 2014 
committing to submit to EPA, no later than twelve months from EPA's 
final conditional approval of ACHD's adoption of CTGs for miscellaneous 
metal and/or plastic parts surface coating processes,

[[Page 70471]]

automobile and light-duty truck assembly coatings, miscellaneous 
industrial adhesives, and fiberglass boat manufacturing materials, an 
additional SIP revision to address the erroneous deficiency in the 
current regulation for fiberglass boat manufacturing materials. The SIP 
revision, to be submitted by PADEP on behalf of ACHD, will include a 
table of monomer VOC content limits for fiberglass boat manufacturing 
materials. Once EPA has determined that ACHD has satisfied this 
condition, EPA shall remove the conditional nature of its approval and 
Allegheny County's adoption of CTGs for miscellaneous metal and/or 
plastic parts surface coating processes, automobile and light-duty 
truck assembly coatings, miscellaneous industrial adhesives, and 
fiberglass boat manufacturing materials will, at that time, receive a 
full approval status. Should ACHD fail to meet the condition specified 
in this rulemaking action, the final conditional approval will convert 
to a disapproval.

IV. 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 conditionally 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 (Public Law 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 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 January 26, 2015. 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 pertaining to ACHD's adoption of CTG standards for 
miscellaneous metal and/or plastic parts surface coating processes, 
automobile and light-duty truck assembly coatings, miscellaneous 
industrial adhesives, and fiberglass boat manufacturing materials 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: November 5, 2014.
William C. Early,
Acting Regional Administrator, Region III.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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:
0
a. Under Part A, adding an entry at the end for ``2101.20, 
Definitions'';
0
b. Under Part E, Subpart 1, revising the entry for ``2105.10, Surface 
Coating Processes''; and
0
c. Under Part E, Subpart 7, adding entries for ``2105.83'', 
``2105.84'', ``2105.85'', and ``2105.86'' in numerical order.
    The additions and revision read as follows:


Sec.  52.2020  Identification of plan.

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

[[Page 70472]]



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  Article XX or XXI                                    State                             Additional explanation/
       citation              Title/subject        effective date    EPA approval date    Sec.   52.2063 citation
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                                                 Part A--General
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                                                  * * * * * * *
2101.20..............  Definitions..............          6/8/13  11/26/14 [Insert      Addition of three new
                                                                   Federal Register      definitions: General
                                                                   Citation].            multi-component
                                                                                         coating, general one
                                                                                         component coating, and
                                                                                         solids turnover ratio.
 
                                                  * * * * * * *
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                                 Part E--Source Emission and Operating Standards
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                                                  * * * * * * *
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                                             Subpart 1--VOC Sources
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2105.10..............  Surface Coating Processes          6/8/13  11/26/14 [Insert      Revision to
                                                                   Federal Register      Applicability, section
                                                                   Citation].            2105.10(a).
 
                                                  * * * * * * *
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                                      Subpart 7--Miscellaneous VOC Sources
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                                                  * * * * * * *
2105.83..............  Control of VOC Emissions           6/8/13  11/26/14 [Insert      Conditional approval of
                        from Miscellaneous Metal                   Federal Register      new regulation. See
                        and/or Plastic Parts                       Citation].            section 52.2023(m).
                        Surface Coating
                        Processes.
2105.84..............  Control of VOC Emissions           6/8/13  11/26/14 [Insert      Conditional approval of
                        from Automobile and                        Federal Register      new regulation. See
                        Light-Duty Truck                           Citation].            section 52.2023(m).
                        Assembly Coatings.
2105.85..............  Control of VOC Emissions           6/8/13  11/26/14 [Insert      Conditional approval of
                        from Miscellaneous                         Federal Register      new regulation. See
                        Industrial Adhesives.                      Citation].            section 52.2023(m).
2105.86..............  Control of VOC Emissions           6/8/13  11/26/14 [Insert      Conditional approval of
                        from Fiberglass Boat                       Federal Register      new regulation. See
                        Manufacturing Materials.                   Citation].            section 52.2023(m).
 
                                                  * * * * * * *
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* * * * *

0
3. Section 52.2023 is amended by adding paragraph (m) to read as 
follows:


Sec.  52.2023  Approval status.

* * * * *
    (m) EPA conditionally approves the Commonwealth of Pennsylvania SIP 
revision submitted on November 15, 2013, which consists of amendments 
to the ACHD Rules and Regulations, Article XXI, Air Pollution Control 
for adopting RACT for sources covered by EPA's CTG standards for the 
following categories: Miscellaneous metal and/or plastic parts surface 
coating processes, automobile and light-duty truck assembly coatings, 
miscellaneous industrial adhesives, and fiberglass boat manufacturing 
materials. Pursuant to section 110(k)(4) of the CAA, this conditional 
approval is based upon a letter from PADEP on behalf of ACHD dated July 
16, 2014 committing to submit to EPA, no later than twelve months from 
EPA's final conditional approval of ACHD's adoption of CTGs for 
miscellaneous metal and/or plastic parts surface coating processes, 
automobile and light-duty truck assembly coatings, miscellaneous 
industrial adhesives, and fiberglass boat manufacturing materials, an 
additional SIP revision to address the erroneous deficiency in the 
current regulation for fiberglass boat manufacturing materials. The SIP 
revision, to be submitted by PADEP on behalf of ACHD, will include a 
table of monomer VOC content limits for fiberglass boat manufacturing 
materials.

[FR Doc. 2014-27750 Filed 11-25-14; 8:45 am]
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