[Federal Register Volume 80, Number 217 (Tuesday, November 10, 2015)]
[Proposed Rules]
[Pages 69627-69629]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-28645]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2014-0475; FRL-9936-87-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: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
convert the conditional approval of revisions to the Pennsylvania State 
Implementation Plan (SIP) submitted by the Commonwealth of Pennsylvania 
on behalf of the Allegheny County Health Department (ACHD) to a full 
approval. The SIP revision included 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 revised the regulation and submitted 
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, proposing to convert the 
conditional approval to a full approval of the revisions to the 
Pennsylvania SIP in accordance with the requirements of the Clean Air 
Act (CAA).

DATES: Written comments must be received on or before December 10, 
2015.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2014-0475 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-2014-0475, 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 No. EPA-R03-OAR-
2014-0475. 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 in www.regulations.gov or may be viewed during 
normal business hours at the Air Protection Division, U.S. 
Environmental

[[Page 69628]]

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. 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 to assist them in 
determining RACT for VOC 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 1977 and 1978, EPA published CTGs for miscellaneous metal and 
plastic parts surface coatings, automobile and light-duty truck 
assembly coatings, miscellaneous industrial adhesives, and fiberglass 
boat manufacturing materials. After reviewing the 1977/1978 CTGs 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 
Miscellaneous Metal and Plastic Parts Coatings (Publication No. EPA 
453/R-08-003; September 2008); Control Techniques Guidelines for 
Automobile and Light-duty Assembly Coatings (Publication No. EPA 453/R-
08-006; September 2008); Control Techniques Guidelines for 
Miscellaneous Industrial Adhesives (Publication No. EPA 453/R-08-005; 
September 2008); Control Techniques Guidelines for Fiberglass Boat 
Manufacturing Materials (Publication No. EPA 453/R-08-004; September 
2008).

II. Summary of SIP Revision

    On November 15, 2013, 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. Allegheny 
County is adopting EPA's 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. These regulations, with a 
state effective date of June 8, 2013, are contained in the ACHD Rules 
and Regulations, Article XXI, Air Pollution Control sections 2105.83 
(Control of VOC Emissions from Miscellaneous Metal and/or Plastic Parts 
Surface Coating Processes), 2105.84 (Control of VOC Emissions from 
Automobile and Light-Duty Truck Assembly Coatings), 2105.85 (Control of 
VOC Emissions from Miscellaneous Industrial Adhesives), and 2105.86 
(Control of VOC Emissions from Fiberglass Boat Manufacturing Materials) 
in order to establish: (1) 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) exemptions; (3) record-
keeping and work practice requirements; and (4) emission limitations. 
Upon review of the November 15, 2013 submittal, EPA found that a table 
of average monomer VOC content limit 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 in 
order to satisfy the RACT requirements under the 8-hour ozone standard 
for Allegheny County.
    On November 26, 2014 (79 FR 70470), EPA conditionally approved the 
SIP revisions concerning the adoption of these CTGs. On September 9, 
2015, PADEP submitted to EPA on behalf of ACHD a supplemental SIP 
revision containing the missing table of VOC content limits, and 
thereby addressing the erroneous deficiency in the regulation for 
fiberglass boat manufacturing materials.

III. Proposed Action

    EPA is proposing to convert from conditional approval to full 
approval the Commonwealth of Pennsylvania SIP revision submitted on 
November 15, 2013, as supplemented with the September 9, 2015 SIP 
submittal, 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, the conditional approval was 
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 missing table of average monomer VOC content in the 
current regulation for fiberglass boat manufacturing materials. On 
September 9, 2015, PADEP on behalf of ACHD submitted a supplemental SIP 
revision containing the table of monomer VOC content limits for 
fiberglass boat manufacturing materials. EPA has determined that ACHD 
has satisfied this condition, and therefore, EPA is proposing to remove 
the conditional nature of its approval and replace it with a full 
approval of Allegheny County's adoption of CTGs for miscellaneous metal 
and/or plastic parts surface coating processes,

[[Page 69629]]

automobile and light-duty truck assembly coatings, miscellaneous 
industrial adhesives, and fiberglass boat manufacturing materials will. 
EPA is soliciting public comments on the issues discussed in this 
document. These comments will be considered before taking final action.

IV. Incorporation by Reference

    In this rulemaking, 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 Commonwealth of Pennsylvania rules 
regarding controls of VOC emissions discussed in Section III of this 
preamble. The EPA has made, and will continue to make, these documents 
generally available electronically through www.regulations.gov and/or 
may be viewed at the EPA Region III 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 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);
     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 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, 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, Intergovernmental relations, Ozone, Volatile organic 
compounds.

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

     Dated: October 28, 2015.
Shawn M. Garvin,
Regional Administrator, Region III.
[FR Doc. 2015-28645 Filed 11-9-15; 8:45 am]
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