[Federal Register Volume 80, Number 70 (Monday, April 13, 2015)]
[Proposed Rules]
[Pages 19591-19593]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-08462]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2015-0166; FRL-9926-16-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; Adoption of Control Techniques Guidelines for Offset 
Lithographic Printing and Letterpress Printing; Flexible Package 
Printing; and Adhesives, Sealants, Primers, and Solvents

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve revisions to the Pennsylvania State Implementation Plan (SIP) 
submitted by the Commonwealth of Pennsylvania. These revisions pertain 
to control of volatile organic compound (VOC) emissions from offset 
lithographic printing and letterpress printing, flexible package 
printing, and adhesives, sealants, primers, and solvents. These 
revisions also meet the requirement to adopt Reasonably Available 
Control Technology (RACT) for sources covered by EPA's Control 
Technique Guidelines (CTG) recommendations for the following 
categories: Offset lithographic printing and letterpress printing, 
flexible package printing, and adhesives, sealants, primers, and 
solvents. This

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action is being taken under the Clean Air Act (CAA).

DATES: Written comments must be received on or before May 13, 2015.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2015-0166 by one of the following methods:
    A. www.regulations.gov. Follow the on-line instructions for 
submitting comments.
    B. Email: [email protected].
    C. Mail: EPA-R03-OAR-2015-0166, 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-
2015-0166. EPA's policy is that all comments received will be included 
in the public docket without change, and may be made available online 
at 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 www.regulations.gov or email. The 
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 email comment 
directly to EPA without going through www.regulations.gov, your email 
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 
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 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.

FOR FURTHER INFORMATION CONTACT: Ellen Schmitt, (215) 814-5787, 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 volatile organic compound (VOC) emissions 
covered by a CTG document issued after November 15, 1990 and prior to 
the area's date of attainment. EPA defines RACT as ``the lowest 
emission limitation that a particular source is capable of meeting by 
the application of control technology that is reasonably available 
considering technological and economic feasibility.'' 44 FR 53761 
(September 17, 1979).
    CTGs are documents issued by EPA intended to provide state and 
local air pollution control authorities information that should assist 
them in determining RACT for VOC emissions from various sources. 
Section 183(e)(3)(c) provides that EPA may issue a CTG in lieu of a 
national regulation as RACT for a product category where EPA determines 
that the CTG will be substantially as effective as regulations in 
reducing emissions of VOC in ozone nonattainment areas. The 
recommendations in the CTG are based upon available data and 
information and may not apply to a particular situation based upon the 
circumstances. States can follow the CTG and adopt state regulations to 
implement the recommendations contained therein, or they can adopt 
alternative approaches. In either case, states must submit their RACT 
rules to EPA for review and approval as part of the SIP process.
    In 1993, EPA published a draft CTG for offset lithographic 
printing. 58 FR 59261 (November 8, 1993). After reviewing comments on 
the draft CTG and soliciting additional information to help clarify 
those comments, EPA published an alternative control techniques (ACT) 
document in June 1994 that provided supplemental information for states 
to use in developing rules based on RACT for offset lithographic 
printing. In December 1978, EPA published a CTG for graphic arts 
(rotogravure printing and flexographic printing) that included flexible 
package printing (Publication No. EPA-450/2-78-033; December 1978). In 
1994, EPA developed an ACT document for industrial cleaning solvents 
(Publication No. EPA-453/R-94-015; February 1994). After reviewing the 
1978/1993/1994 CTGs and ACTs for these industries, conducting a review 
of currently existing state and local VOC emission reduction approaches 
for these industries, and taking into account any information that has 
become available since then, EPA developed new CTGs entitled Control 
Techniques Guidelines for Offset Lithographic and Letterpress Printing 
(Publication No. EPA 453/R-06-002; September 2006); Control Techniques 
Guidelines for Flexible Package Printing (Publication No. EPA 453/R-06-
003; September 2006); Control Techniques Guidelines for Industrial 
Cleaning Solvents (Publication No. EPA 453/R-06-001; September 2006). 
The CTG recommendations may not apply to a particular situation based 
upon the circumstances of a specific source. Regardless of whether a 
state chooses to implement the recommendations contained within the 
CTGs through state rules, or to issue state rules that adopt different 
approaches for RACT for VOCs, states must submit their RACT rules to 
EPA for review and approval as part of the SIP process.

II. Summary of SIP Revision and EPA Analysis

    On August 27, 2014, the Commonwealth of Pennsylvania through the 
Pennsylvania Department of Environmental Protection (PADEP) submitted a 
SIP revision to EPA in order to add regulations to the Pennsylvania SIP 
which essentially adopt EPA CTGs for offset lithographic and 
letterpress printing, flexible package printing, and adhesives, 
sealants, primers, and solvents. These regulations are contained in 
Title 25 of the Pennsylvania Code (Pa Code) Chapters 129 and 130. The 
pertinent regulations

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establish: (1) The applicability of the regulations to facilities for 
offset lithographic printing and letterpress printing, flexible package 
printing, and adhesives, sealants, primers, and solvents; (2) certain 
exemptions; (3) recordkeeping and work practice requirements; and (4) 
emission limitations.
    EPA's review of the new and revised regulations submitted by PADEP 
indicates that the submitted revisions of 25 Pa Code 121.1, 129.51, 
129.67, 129.67a, and 129.67b meet the requirements to adopt RACT for 
sources located in Pennsylvania covered by EPA's CTG recommendations 
for control of VOC emissions for the following categories: Offset 
lithographic printing, letterpress printing, and flexible package 
printing. In addition, the submitted revisions to 25 Pa Code 129.77 and 
130.703 continue to meet the requirements to adopt RACT for adhesives 
and solvents as approved on September 26, 2012. See 77 FR 59090. EPA 
finds the Pennsylvania regulations which adopt the equivalent of the 
specific EPA CTG recommendations meet CAA requirements for RACT in 
sections 172 and 182 of the CAA. More detailed information on these 
provisions as well as a detailed summary of EPA's review and rationale 
for proposing to approve this SIP revision can be found in the 
Technical Support Document (TSD) for this action which is available on 
line at www.regulations.gov, Docket number EPA-R03-OAR-2015-0166. EPA 
is soliciting public comments on the issues discussed in this document. 
These comments will be considered before taking final action.

III. Proposed Action

    EPA is proposing to approve the August 27, 2014 Pennsylvania SIP 
revision adding new regulations 25 Pa Code 129.67a and 129.67b and 
revising regulations 25 Pa Code 121.1, 129.51, 129.67, 129.77, and 
130.703 as the SIP revision meets CAA requirements for SIPs in sections 
110, 172 and 182.

IV. Incorporation by Reference

    In this rule the EPA is proposing to include, in a final EPA rule, 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by 
reference the PADEP rules regarding control of VOC emissions from 
offset lithographic printing, letterpress printing, flexible package 
printing, and adhesives, sealants, primers, and solvents as described 
in section II of this proposed action. The EPA has made, and will 
continue to make, these documents generally available electronically 
through www.regulations.gov and/or in hard copy at the appropriate EPA 
office (see the ADDRESSES section of this preamble for more 
information).

V. 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 approves 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);
     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 
adoption of CTG recommendations for offset lithographic printing and 
letterpress printing, flexible package printing, and adhesives, 
sealants, primers, and solvents, 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, Incorporation by 
reference, Ozone, Reporting and recordkeeping requirements, Volatile 
organic compounds.

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

    Dated: March 31, 2015.
William C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2015-08462 Filed 4-10-15; 8:45 am]
 BILLING CODE 6560-50-P