[Federal Register Volume 80, Number 122 (Thursday, June 25, 2015)]
[Rules and Regulations]
[Pages 36481-36483]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-15318]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2015-0166; FRL-9929-39-Region 3]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a State 
Implementation Plan (SIP) revision submitted by the Commonwealth of 
Pennsylvania. The 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 Guideline (CTG) 
recommendations for the following categories: Offset lithographic 
printing and letterpress printing, flexible package printing, and 
adhesives, sealants, primers, and solvents. EPA is approving these 
revisions in accordance with the requirements of the Clean Air Act 
(CAA).

DATES: This final rule is effective on July 27, 2015.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2015-0166. 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 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

    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. Through this SIP submittal, PADEP 
asserts that the Commonwealth meets the requirement to adopt RACT for 
sources covered by EPA's CTG recommendations for the above mentioned 
categories.
    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. 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 that provide state and local air 
pollution control authorities information that should assist them in 
determining RACT for VOC emissions from various sources. 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 adopt regulations to implement the 
recommendations contained within the CTG, or they can adopt alternative 
approaches. 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

    The Commonwealth of Pennsylvania submitted a SIP revision to EPA on 
August 27, 2014 in order to add and amend regulations in the 
Pennsylvania SIP related to EPA CTGs for offset lithographic and 
letterpress printing, flexible package printing, and adhesives, 
sealants, primers, and solvents. This SIP submittal includes revisions 
to the following regulations: 25 Pa Code 121.1, 129.51 and 129.67 
(relating to definitions; general; and graphic arts systems), as well 
as 25 Pa Code 129.77 and 130.703 (relating to control of emissions from 
the use or application of adhesives, sealants, primers, and solvents; 
and exemptions and exceptions). This SIP submittal also includes the 
addition of regulations 25 Pa Code 129.67a and 129.67b (relating to 
control of VOC emissions from flexible packaging printing presses and 
control of VOC emissions from offset lithographic printing presses and 
letterpress printing presses).
    On April 13, 2015 (80 FR 19591), EPA published a notice of proposed 
rulemaking (NPR) for the Commonwealth of Pennsylvania, proposing 
approval of revisions pertaining to control of VOC emissions from 
offset lithographic printing and letterpress printing, flexible package 
printing, and adhesives, sealants, primers, and solvents.
    EPA's review of the new and revised regulations submitted by PADEP 
indicates that the submitted revisions 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 and letterpress printing, 
flexible package printing, and adhesives, sealants, primers, and 
solvents. More detailed information on these provisions as well as a 
detailed summary of EPA's review and rationale for proposing to approve

[[Page 36482]]

this SIP revision can be found in the NPR and 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 received 
no comments on the NPR.

III. Final Action

    EPA is taking final action approving the Commonwealth of 
Pennsylvania SIP revision submitted on August 27, 2014, which consists 
of amendments to meet the requirement to adopt RACT for sources covered 
by EPA's CTG standards for the following categories: Offset 
lithographic printing and letterpress printing, flexible package 
printing, and adhesives, sealants, primers, and solvents. EPA is taking 
this final action because the SIP revision meets CAA requirements for 
SIPs in sections 110, 172 and 182.

IV. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, the EPA is finalizing the incorporation by reference of 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 III 
of this final 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

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 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 August 24, 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 to approve revisions to the Pennsylvania SIP 
pertaining to control of VOC emissions from offset lithographic 
printing and letterpress printing, flexible package printing, and 
adhesives, sealants, primers, and solvents 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: June 10, 2015.
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)(1) is amended by:
0
a. Revising entries for Title 25, Sections 121.1, 129.51, and 129.67.
0
b. Adding entries for Title 25, Sections 129.67a and 129.67b in 
numerical order.
0
c. Revising entries for Title 25, Sections 129.77 and 130.703.
    The revisions and additions read as follows:


Sec.  52.2020  Identification of plan.

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

[[Page 36483]]



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                                                                                                  Additional
          State citation              Title/subject          State       EPA approval date     explanation/Sec.
                                                        effective date                         52.2063 citation
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                         Title 25-- Environmental Protection Article III--Air Resources
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Section 121.1....................  Definitions........       6/28/2014  6/25/2015, [Insert   Adds and amends
                                                                         Federal Register     definitions.
                                                                         citation].
 
                                                  * * * * * * *
129.51...........................  General............       6/28/2014  6/25/2015, [Insert   Amends section
                                                                         Federal Register     129.51.
                                                                         citation].
 
                                                  * * * * * * *
129.67...........................  Graphic arts              6/28/2014  6/25/2015, [Insert   Amends section
                                    systems.                             Federal Register     129.67.
                                                                         citation].
129.67a..........................  Control of VOC            6/28/2014  6/25/2015, [Insert   Adds section
                                    emissions from                       Federal Register     129.67a.
                                    flexible package                     citation].
                                    printing presses.
129.67b..........................  Control of VOC            6/28/2014  6/25/2015, [Insert   Adds section
                                    emissions from                       Federal Register     129.67b.
                                    offset                               citation].
                                    lithographic
                                    printing presses
                                    and letterpress
                                    printing presses.
 
                                                  * * * * * * *
129.77...........................  Control of                6/28/2014  6/25/2015, [Insert   Amends section
                                    emissions from the                   Federal Register     129.77.
                                    use or application                   citation].
                                    of adhesives,
                                    sealants, primers
                                    and solvents.
 
                                                  * * * * * * *
130.703..........................  Exemptions and            6/28/2014  6/25/2015, [Insert   Amends section
                                    exceptions.                          Federal Register     130.703.
                                                                         citation].
 
                                                  * * * * * * *
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[FR Doc. 2015-15318 Filed 6-24-15; 8:45 am]
 BILLING CODE 6560-50-P