[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]
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