[Federal Register Volume 81, Number 12 (Wednesday, January 20, 2016)]
[Rules and Regulations]
[Pages 2991-2993]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-00656]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2014-0475; FRL-9941-36-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 converting a 
conditional approval of a state implementation plan (SIP) revision 
submitted by the Commonwealth of Pennsylvania on behalf of the 
Allegheny County Health Department (ACHD) to a full approval. 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) 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. Therefore, EPA is 
converting the conditional approval of the revisions to the 
Pennsylvania SIP to a full approval in accordance with the requirements 
of the Clean Air Act (CAA).

DATES: This final rule is effective on February 19, 2016.

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 through www.regulations.gov or may be viewed 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 ACHD 
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),

[[Page 2992]]

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 the 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.
    On March 26, 2013 (78 FR 18241), EPA conditionally approved the SIP 
revision concerning the adoption of these CTGs. On September 9, 2015, 
PADEP submitted to EPA on behalf of ACHD a supplemental SIP revision 
containing the regulation with the missing table of average monomer VOC 
content limits, and thereby addressed its July 16, 2014 commitment. On 
November 10, 2015, EPA published a notice of proposed rulemaking 
converting the conditional approval to a full approval. 80 FR 69627. 
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 converting to a full approval the 
conditional approval of 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 an additional SIP revision to address the 
deficiency in the 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. Therefore, EPA is removing the 
conditional nature of its approval and replacing it with a full 
approval of 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.

IV. Incorporation by Reference

    In this rulemaking, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, EPA is finalizing the incorporation by reference the ACHD 
regulations regarding control of VOC emissions discussed in section II 
of this preamble. EPA has made, and will continue to make, these 
documents generally available 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

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 (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 March 21, 2016. 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

[[Page 2993]]

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: December 30, 2015.
Shawn M. Garvin,
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 
revising the entries for ``2105.83,'' ``2105.84,'' ``2105.85,'' and 
``2105.86'' under part E, subpart 7. The revisions read as follows:


Sec.  52.2020  Identification of plan.

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

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                                                                                                  Additional
    Article XX or XXI citation        Title/subject          State       EPA approval date     explanation/Sec.
                                                        effective date                         52.2063 citation
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                                                  * * * * * * *
                                 Part E--Source Emission and Operating Standards
 
                                                  * * * * * * *
                                      Subpart 7--Miscellaneous VOC Sources
 
                                                  * * * * * * *
2105.83..........................  Control of VOC               6/8/13  1/20/16 [Insert      New regulation.
                                    Emissions from                       Federal Register
                                    Miscellaneous                        Citation].
                                    Metal and/or
                                    Plastic Parts
                                    Surface Coating
                                    Processes.
2105.84..........................  Control of VOC               6/8/13  1/20/16  [Insert     New regulation.
                                    Emissions from                       Federal Register
                                    Automobile and                       Citation].
                                    Light-Duty Truck
                                    Assembly Coatings.
2105.85..........................  Control of VOC               6/8/13  1/20/16  [Insert     New regulation.
                                    Emissions from                       Federal Register
                                    Miscellaneous                        Citation].
                                    Industrial
                                    Adhesives.
2105.86..........................  Control of VOC              6/19/15  1/20/16  [Insert     New regulation.
                                    Emissions from                       Federal Register
                                    Fiberglass Boat                      Citation].
                                    Manufacturing
                                    Materials.
 
                                                  * * * * * * *
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Sec.  52.2023  [Amended]

0
3. Section 52.2023 is amended by removing paragraph (m).

[FR Doc. 2016-00656 Filed 1-19-16; 8:45 am]
 BILLING CODE 6560-50-P