TABLE I Schedule of Testing, Auditing and Monitoring Fees for Activities Performed by Department Personnel

Fee Amount Activity Fee Basis Calendar Years

2010—2014 2015—2019 2020+ (4) Source testing activities (i) Source test protocol review Per protocol: $675 $810 $1,000

Review additional information, per request: $100 $120 $150

(ii) Trial burn source test protocol review Per protocol: $1,700 $2,040 $2,500

(iii) Source test report review Per air contamination source (as defined in the permit): $1,000 $1,200 $1,500

Review of additional test information, per air contamination source, per request: $300 $360 $450

(iv) Trial burn source test report review Per trial burn operating scenario: $3,050 $3,660 $4,400

(v) Source test observation** Per day, per observer, maximum of two observers*: $675 $810 $1,000

(vi) Departmentconducted source test Per pollutant or parameter per day, laboratory costs included: $3,000 $3,600 $4,400

*When more than one observer is required to conduct observation. **A source test observation does not include visible emission observations that are not part of a Department test plan.

[Pa.B. Doc. No. 09-1927. Filed for public inspection October 16, 2009, 9:00 a.m.]



### [ 25 PA. CODE CHS. 121 AND 129 ] **Flat Wood Paneling Surface Coating Processes**

The Environmental Quality Board (Board) proposes toamend Chapters 121 and 129 (relating to general provisions; and standards for sources) to read as set forth in Annex A.

The proposed rulemaking would amend Chapter 129 to limit emissions of volatile organic compounds (VOCs) from the use and application of coatings and cleaning materials in flat wood paneling surface coating processes. The proposal would add § 129.52c (relating to control of VOC emissions from flat wood paneling surface coatingprocesses) and would amend §§ 121.1 and 129.51 (relating to definitions; and general).

This proposal was adopted by the Board at its meeting on September 15, 2009.

A. Effective Date

This proposed rulemaking will be effective upon finalform publication in the Pennsylvania Bulletin

. B. Contact Persons

For further information, contact Arleen J. Shulman, Chief, Division of Air Resource Management, P. O. Box 8468, Rachel Carson State Office Building, Harrisburg, PA 17105-8468, (717) 772-3436, or Kristen Campfield Furlan, Assistant Counsel, Bureau of Regulatory Counsel, P. O. Box 8464, Rachel Carson State Office Building, Harrisburg, PA 17105-8464, (717) 787-7060. Information regarding submitting comments on this proposal appears in Section J of this preamble. Persons with a disability may use the Pennsylvania AT&T Relay Service by calling (800) 654-5984 (TDD users) or (800) 654-5988 (voice users). This proposal is available electronically throughthe Department of Environmental Protection’s (Department) web site at www.depweb.state.pa.us (Quick Access: Public Participation).

C. Statutory Authority

This proposed rulemaking is authorized under section 5 of the Air Pollution Control Act (APCA) (35 P. S. § 4005), which in subsection (a)(1) grants the Board the authority to adopt rules and regulations for the prevention, control,reduction and abatement of air pollution in this Commonwealth, and which in subsection (a)(8) grants the Board the authority to adopt rules and regulations designed to implement the Clean Air Act (CAA).

D. Background and Purpose

The purpose of this proposed rulemaking is to reduce VOC emissions from flat wood paneling surface coating 

### PROPOSED RULEMAKING 6061

**PENNSYLVANIA BULLETIN, VOL. 39, NO. 42, OCTOBER 17, 2009**operations. VOCs are a precursor for ozone formation. Ground-level ozone is not emitted directly by surfacecoatings to the atmosphere, but is formed by a photochemical reaction between VOCs and nitrogen oxides(NOx) in the presence of sunlight. The proposed rulemaking adopts the emission limits and other requirements of the Environmental Protection Agency’s (EPA’s) 2006 Control Techniques Guidelines (CTG) for flat wood paneling coating to meet Federal CAA requirements.

The EPA is responsible for establishing National Ambient Air Quality Standards (NAAQS) for six criteria pollutants considered harmful to public health and the environment: ozone, particulate matter, NOx, carbon monoxide, sulfur dioxide and lead. The CAA established two types of NAAQS: primary standards, limits set to protect public health; and secondary standards, limits set to protect public welfare, including protection against visibility impairment and from damage to animals, crops,vegetation and buildings. The EPA has established primary and secondary ozone NAAQS to protect public health and welfare.

When ground-level ozone is present in concentrations in excess of the Federal health-based 8-hour NAAQS for ozone, public health and welfare are adversely affected.Ozone exposure correlates to increased respiratory disease and higher mortality rates. Ozone can inflame and damage the lining of the lungs. Within a few days, the damaged cells are shed and replaced. Over a long time period, lung tissue may become permanently scarred, resulting in permanent loss of lung function and a lower quality of life. When ambient ozone levels are high, more people with asthma have attacks that require a doctor’s attention or use of medication. Ozone also makes people more sensitive to allergens including pet dander, pollen and dust mites, all of which can trigger asthma attacks.

The EPA has concluded that there is an association between high levels of ambient ozone and increased hospital admissions for respiratory ailments including asthma. While children, the elderly and those with respiratory problems are most at risk, even healthyindividuals may experience increased respiratory ailments and other symptoms when they are exposed to high levels of ambient ozone while engaged in activities that involve physical exertion. High levels of ozone also affect animals in ways similar to humans.

In addition to causing adverse human and animal health effects, the EPA has concluded that ozone affectsvegetation and ecosystems, leading to reductions in agricultural crop and commercial forest yields by destroying chlorophyll; reduced growth and survivability of tree seedlings; and increased plant susceptibility to disease, pests, and other environmental stresses, including harsh weather. In long-lived species, these effects may become evident only after several years or even decades and have the potential for long-term adverse impacts on forest ecosystems. Ozone damage to the foliage of trees andother plants can decrease the aesthetic value of ornamental species used in residential landscaping, as well as the natural beauty of parks and recreation areas. Throughdeposition, ground-level ozone also contributes to pollution in the Chesapeake Bay. The economic value of some welfare losses due to ozone can be calculated, such as crop yield loss from both reduced seed production andvisible injury to some leaf crops, including lettuce, spinach and tobacco, as well as visible injury to ornamental plants, including grass, flowers and shrubs. Other types of welfare loss may not be quantifiable, such as the reduced aesthetic value of trees growing in heavily visited parks. High levels of ground-level ozone can also cause damage to buildings and synthetic fibers, including nylon, and reduced visibility on roadways and in natural areas. The implementation of additional measures to address ozoneair quality nonattainment in this Commonwealth is necessary to protect the public health and welfare, animal and plant health and welfare and the environment.

In July 1997, the EPA established primary and secondary ozone standards at a level of 0.08 parts per million (ppm) averaged over 8 hours. 62 FR 38855 (July 18, 1997). In 2004, the EPA designated 37 counties in this Commonwealth as 8-hour ozone nonattainment areas for the 1997 8-hour ozone NAAQS. This Commonwealth is meeting the 1997 standard in all areas except thefive-county Philadelphia and seven-county PittsburghBeaver Valley areas. The areas in which the 1997 standard has been attained are required to have permanent and enforceable control measures to ensure violations do not occur for the next decade. The Commonwealth must demonstrate that the two areas currently not attaining the 1997 standard will meet the 1997 standard as expeditiously as practicable. Should these two areas notattain the standard during the 2009 ozone season, additional reductions will be required.

In March 2008, the EPA lowered the standards to 0.075 ppm averaged over 8 hours to provide even greater protection for children, other at-risk populations and the environment against the array of ozone-induced adverse health and welfare effects. See 73 FR 16436 (March 27, 2008). As required by the CAA, the Commonwealthsubmitted recommendations to the EPA in 2009 to designate 29 counties as nonattainment for the 2008 8-hour ozone NAAQS. The EPA is expected to take final action on the designation recommendation by March 2010. The EPA’s designations will take effect 60 days after the EPA publishes a notice in the Federal Register . Monitors inmost urban areas and some rural areas of this Commonwealth are currently not meeting the 2008 ozone standard.

There are no Federal statutory or regulatory limits for VOC emissions from flat wood paneling surface coating operations. State regulations to control VOC emissions from flat wood paneling surface coating operations arerequired under Federal law, however, and will be reviewed by the EPA to determine whether they meet the‘‘reasonably available control technology’’ (RACT) requirements of the CAA and its implementing regulations. Consumer and Commercial Products, Group II: Control Techniques Guidelines in lieu of Regulations for FlexiblePackaging Printing Materials, Lithographic Printing Materials, Letterpress Printing Materials, Industrial Cleaning Solvents, and Flat Wood Paneling Coatings , 71 FR 58745, 58747 (October 5, 2006).

Section 172(c)(1) of the CAA provides that State Implementation Plans (SIPs) for nonattainment areas must include ‘‘reasonably available control measures,’’ including RACT, for sources of emissions. See 42 U.S.C. § 7502(c)(1). Section 182(b)(2) of the CAA provides that for moderate ozone nonattainment areas, states must revise their SIPs to include RACT for sources of VOC emission covered by a CTG document issued by the EPA prior to the area’s date of attainment. See 42 U.S.C. § 7511a(b)(2). More importantly, section 184(b)(1)(B) of the CAA requires that states in the Ozone Transport Region (OTR), including this Commonwealth, submit a SIP revision requiring implementation of RACT for all sources of VOC emissions in the state covered by a specific CTG. See 42 U.S.C. § 7511c(b)(1)(B). 

### 6062 PROPOSED RULEMAKING

**PENNSYLVANIA BULLETIN, VOL. 39, NO. 42, OCTOBER 17, 2009**Section 183(e) of the CAA directs the EPA to list for regulation those categories of products that account for at least 80% of the VOC emissions from consumer and commercial products in ozone nonattainment areas. See 42 U.S.C. § 7511b(e). Section 183(e)(3)(C) of the CAA provides that the EPA may issue a CTG in place of a National regulation for a product category where the EPAdetermines that the CTG will be ‘‘substantially as effective as regulations’’ in reducing emissions of VOC in ozone nonattainment areas. See 42 U.S.C. § 7511b(e) (3)(C).

In 1995, the EPA listed flat wood paneling coatings on its section 183(e) list and, in 2006, issued a CTG for flat wood paneling coatings. See 60 FR 15264 (March 23, 1995) and 71 FR 58745 (October 5, 2006). In the 2006 notice, the EPA determined that the CTG would be substantially as effective as a National regulation in reducing VOC emissions from this product category in ozone nonattainment areas. See 71 FR 58745.

The CTG provides states with the EPA’s recommendation of what constitutes RACT for the covered category. States can use the recommendations provided in the CTG to inform their own determination as to what constitutes RACT for VOC emissions from the covered category. State air pollution control agencies are free to implement other technically sound approaches that are consistent with theCAA requirements and the EPA’s implementing regulations or guidelines.

The Department has reviewed the recommendations included in the 2006 CTG for flat wood paneling coatings for their applicability to the ozone reduction measures necessary for this Commonwealth. The Department has determined that the measures provided in the CTG forflat wood paneling coatings are appropriate to be implemented in this Commonwealth as RACT for this category.

This rulemaking, if adopted as a final rule, would assist in reducing VOC emissions locally as well as reducing the transport of VOC emissions and ground-level ozone to downwind states. Adoption of VOC emission requirements for flat wood paneling surface coating operations is part of the Commonwealth’s strategy, in concert with other OTR jurisdictions, to further reduce transport of VOC ozone precursors and ground-level ozone throughout the OTR to attain and maintain the 8-hour ozone NAAQS. The proposed rulemaking is required under the CAA requirements that states regulate sources covered by CTGs issued by the EPA and is reasonably necessary to attain and maintain the health-based 8-hour ozoneNAAQS in this Commonwealth. When final, this rulemaking will be submitted to the EPA as a revision to the SIP.

The concepts of the proposed rulemaking were discussed with the Air Quality Technical Advisory Committee (AQTAC) at its October 30 and December 11, 2008, meetings. The proposed rulemaking was discussed with the AQTAC on May 28, 2009. The AQTAC concurred withthe Department’s recommendation to present the proposed amendments to the Board for approval for publication as a proposed rulemaking. The Department also consulted with the Citizens Advisory Council on July 21, 2009, and with the Small Business Compliance Advisory Committee on October 22, 2008, and April 22 and July 22, 2009. E. Summary of Regulatory Requirements This proposed rulemaking adds the definitions of the following 15 terms to § 121.1 to support the proposedaddition of § 129.52c: ‘‘Class II hardboard paneling finish,’’ ‘‘decorative interior panel,’’ ‘‘exterior siding,’’ ‘‘exteriortrim,’’ ‘‘flat wood paneling coating,’’ ‘‘hardboard,’’ ‘‘hardwood plywood,’’ ‘‘MDF-medium density fiberboard,’’ ‘‘natural finish hardwood plywood panel,’’ ‘‘particleboard,’’ ‘‘plywood,’’ ‘‘printed interior panel,’’ ‘‘thin particleboard,’’ ‘‘tileboard’’ and ‘‘waferboard.’’

The proposed rulemaking would amend § 129.51(a) to extend its coverage to flat wood paneling surface coating processes covered by this proposed rulemaking, as well as to paper, film and foil surface coating processes and large appliance and metal furniture surface coating processes, which are covered in parallel rulemakings. Section 129.51(a) provides an alternative method for owners and operators of facilities to achieve compliance with air emission limits.

The proposed rulemaking would add § 129.52c to regulate VOC emissions from flat wood paneling surface coating processes. The applicability of this new section is described in subsection (a), which establishes that § 129.52c applies to the owner and operator of a flat wood paneling surface coating process, other than a field-applied coating process or a surface coating process regulated under §§ 129.101—129.107 (relating to wood furniture manufacturing operations) or §§ 129.52(f) and 129.52, Table I, Category 11 (relating to surface coating processes; and wood furniture manufacturing operations), if the total actual VOC emissions from all flat wood paneling surface coating operations listed in Table I(relating to emission limits of VOCs for flat wood paneling surface coatings), including related cleaning activities, at the facility are equal to or greater than 15 pounds (6.8kilograms) per day, before consideration of controls. Fieldapplied coatings are not subject to this rulemaking because they are regulated under Chapter 130, Subchapter C (relating to architectural and industrial maintenance coatings).

Proposed subsection (b) explains that the requirements of § 129.52c supersede the requirements of a RACT permit for VOC emissions from a flat wood paneling surface coating operation already issued to the owner or operator of a source subject to § 129.52c, except to theextent the RACT permit contains more stringent requirements.

Proposed subsection (c) establishes VOC emission limits. Beginning January 1, 2011, a person may not cause or permit the emission into the outdoor atmosphere of VOCs from a flat wood paneling surface coating process, unless: (1) the VOC content of each as applied coating is equal to or less than the limit specified in the table in § 129.52c;or (2) the overall weight of VOCs emitted to the atmosphere is reduced through the use of vapor recovery, incineration or another method that is acceptable under § 129.51(a). The second option also addresses the overall efficiency of a control system.

Proposed subsection (d) identifies daily records that must be kept to demonstrate compliance with § 129.52c, including records of parameters and VOC content of each coating, thinner, component and cleaning solvent, as supplied, and the VOC content of each as applied coating or cleaning solvent.

Proposed subsection (e) requires that the records be maintained for 2 years and submitted to the Department on request. 

### PROPOSED RULEMAKING 6063

**PENNSYLVANIA BULLETIN, VOL. 39, NO. 42, OCTOBER 17, 2009**Under proposed subsection (f), an owner or operatorsubject to § 129.52c may not cause or permit the emission into the outdoor atmosphere of VOCs from the application of flat wood paneling surface coatings, unless the coatings are applied using offset rotogravure coating, curtain coating, direct roll coating, reverse roll coating, hand brush or hand roller coating, or high volume-low pressure spray coating. An owner or operator may useanother coating application method if a request is submitted in writing that demonstrates that the method is capable of achieving a transfer efficiency equivalent to, or better than, that achieved by the other methods listed insubsection (f), and is approved in writing by the Department prior to use.

Proposed subsection (g) exempts coatings used exclusively for determining product quality and commercial acceptance and other small quantity coatings from the VOC coating content limits in Table I of proposed § 129.52c, if the quantity of coating used does not exceed 50 gallons per year (gpy) for a single coating and a total of 200 gpy for all coatings combined for the facility and if the owner or operator of the facility requests, in writing, and the Department approves, in writing, the exemption prior to use of the coating.

Proposed subsection (h) establishes work practices that an owner or operator of a flat wood paneling surface coating process subject to § 129.52c shall comply with, for coating-related activities.

Proposed subsection (i) establishes work practices that an owner or operator of a flat wood paneling surface coating process subject to § 129.52c shall comply with, for cleaning materials.

Proposed Table I establishes emission limits for VOCs for flat wood paneling surface coatings, expressed in weight of VOC per volume of coating solids, as applied.

F. Benefits, Costs and Compliance
Benefits

Implementation of the proposed control measure would benefit the health and welfare of the approximately 12 million humans, animals, crops, vegetation and natural areas of this Commonwealth by reducing emissions of VOCs, which are precursors to ground-level ozone airpollution. Although the proposed amendments are designed primarily to address ozone air quality, the reformulation or substitution of coating products to meet the VOC content limits applicable to users may also result in reduction of hazardous air pollutant (HAP) emissions, which are also a serious health threat.

The proposed rulemaking provides as one compliance option that inks, coatings and adhesives used on or applied to flat wood paneling products manufactured inthis Commonwealth meet specified limits for VOC content, usually through substitution of low VOC-content solvents or water for the high VOC-content solvents. The reduced levels of high VOC-content solvents would also benefit water quality through reduced loading on watertreatment plants and in reduced quantities of high VOCcontent solvents leaching into the ground. Owners and operators of affected flat wood paneling surface coating process facilities may also reduce VOC emissions through the use of add-on controls, or a combination of complying coatings and add-on controls.

The EPA estimates that implementation of the recommended control options for noncomplying flat wood paneling surface coating processes will result in additional reductions of VOC emissions of approximately 20% for interior flat wood paneling coating operations and 80% for exterior siding operations.

In this Commonwealth, about 11 flat wood paneling surface coating operations emitted approximately 440.44 tons of VOCs in 2008. The highest emitting of these facilities has potentially noncomplying interior flat wood paneling coating operations with total VOC emissions of 75.9 tons in 2008. Based on 2008 data, the estimatedpotential maximum annual additional VOC emission reductions from noncomplying interior flat wood paneling coating operations at this facility would be 15.18 tons (75.9 tons x 20%). No additional VOC emission reductions are expected from this facility for exterior siding coating operations.

The remaining ten facilities emitted a total of 41.74tons of VOCs in 2008. The maximum anticipated additional annual VOC emission reductions from noncomplying flat wood paneling surface coating operations at these facilities as a result of this proposed rulemaking range from approximately 8.3 tons (41.74 tons x 20%) for interior paneling coating operations to 33.4 tons (41.74 tons x 80%) for exterior siding coating operations. Compliance Costs

The costs of complying with the proposed new requirements include the cost of using alternative product formulations, including low-VOC or water-based inks, coatings and adhesives, and low-VOC or water-based cleanup solvent products, and the use of add-on controls. Based on information provided by the EPA in the CTG, the cost effectiveness of reducing VOC emissions from flat wood paneling surface coating operations is estimated to range from $1,900 for interior paneling coating operations to $2,600 for exterior siding coating operations per ton of VOC emissions reduced. This range is based on the use of low VOC-content coatings for control.

The total estimated anticipated annual costs to noncomplying facilities would range from $28,842 (15.18 tons VOC emissions reduced x $1,900/ton reduced) to $86,000 (33.3 tons VOC emissions reduced x $2,600/ton reduced). The potential total annual costs of $28,842 to $86,000 to the owners or operators of noncomplying facilities arenegligible compared to the improved health and environmental benefits that would be gained from this measure.

The implementation of the work practice requirements for cleaning materials is expected to result in a net cost savings. The recommended work practices should reduce the amount of cleaning materials used by reducing the amount of cleaning materials lost to evaporation, spillage or waste. Compliance Assistance Plan

The Department plans to educate and assist the public and regulated community in understanding the newly revised requirements and how to comply with them. This will be accomplished through the Department’s ongoing compliance assistance program. Paperwork Requirements

The owners and operators of affected flat wood paneling surface coating operations would be required to keep daily operational records of information for coatings and cleaning solvents sufficient to demonstrate compliance, including identification of materials, VOC content and volumes used. The records must be maintained for 2 years and submitted to the Department upon request. Persons claiming the small quantity exemption or use ofexempt coating would be required to keep records demon

### 6064 PROPOSED RULEMAKING

**PENNSYLVANIA BULLETIN, VOL. 39, NO. 42, OCTOBER 17, 2009**strating the validity of the exemption. Persons seeking to comply through the use of add-on controls would be required to meet the applicable reporting requirementsspecified in Chapter 139 (relating to sampling and testing).

G. Pollution Prevention

The Federal Pollution Prevention Act of 1990 (42 U.S.C.A. §§ 13101—13109) established a National policy that promotes pollution prevention as the preferred means for achieving state environmental protection goals. The Department encourages pollution prevention, which is the reduction or elimination of pollution at its source,through the substitution of environmentally friendly materials, more efficient use of raw materials, and the incorporation of energy efficiency strategies. Pollution prevention practices can provide greater environmental protection with greater efficiency because they can result in significant cost savings to facilities that permanently achieve or move beyond compliance. This regulation has incorporated the following pollution prevention incentives:

The proposed amendments will assure that the citizens and the environment of this Commonwealth experience the benefits of reduced emissions of VOCs and HAPs from flat wood paneling surface coating processes. Although the proposed amendments are designed primarily toaddress ozone air quality, the reformulation or substitution of coating products to meet the VOC content limits applicable to users may also result in reduction of HAP emissions, which are also a serious health threat. The proposed rulemaking provides as one compliance option that inks, coatings and adhesives used on or applied toflat wood paneling products manufactured in this Commonwealth meet specified limits for VOC content, usually through substitution of low VOC-content solvents or water for the high VOC-content solvents. The reduced levels of high VOC-content solvents would also benefitwater quality through reduced loading on water treatment plants and in reduced quantities of high VOCcontent solvents leaching into the ground. Owners and operators of affected flat wood surface coating process facilities may also reduce VOC emissions through the use of add-on controls, or a combination of complying coatings and add-on controls.

H. Sunset Review

These regulations will be reviewed in accordance with the sunset review schedule published by the Department to determine whether the regulations effectively fulfill the goals for which they were intended.

I. Regulatory Review

Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on October 6, 2009, the Department submitted a copy of these proposed amendments to the Independent Regulatory Review Commission (IRRC) and the House and Senate Environmental Resources andEnergy Committees (Committees). In addition to submitting the proposed amendments, the Department has provided IRRC and the Committees with a copy of adetailed Regulatory Analysis Form prepared by the Department. A copy of this material is available to the public upon request.

Under section 5(g) of the Regulatory Review Act, IRRCmay convey any comments, recommendations or objections to the proposed rulemaking within 30 days of theclose of the public comment period. The comments, recommendations or objections shall specify the regulatory review criteria that have not been met. The Regulatory Review Act specifies detailed procedures for review of these issues by the Department, the General Assemblyand the Governor prior to final publication of the regulations.

J. Public Comments

Written Comments —Interested persons are invited to submit comments, suggestions or objections regarding the proposed rulemaking to the Environmental QualityBoard, P. O. Box 8477, Harrisburg, PA 17105-8477 (express mail: Rachel Carson State Office Building, 16th Floor, 400 Market Street, Harrisburg, PA 17101-2301). Comments submitted by facsimile will not be accepted. Comments, suggestions or objections must be received by the Board by December 21, 2009. Interested persons may also submit a summary of their comments to the Board. The summary may not exceed one page in length andmust also be received by December 21, 2009. The onepage summary will be provided to each member of the Board in the agenda packet distributed prior to the meeting at which the final regulation will be considered.

Electronic Comments —Comments may be submitted electronically to the Board at RegComments@state.pa.us and must also be received by the Board by December 21, 2009. A subject heading of the proposal and a return name and address must be included in each transmission. If an acknowledgement of electronic comments is not received by the sender within 2 working days, the comments should be retransmitted to the Board to ensure receipt.

K. Public Hearings

The Board will hold three public hearings for thepurpose of accepting comments on this proposed rulemaking. The hearings will be held as follows: Department of Environmental

Protection November 17, 2009 2 p.m. Southcentral Regional Office Susquehanna Room A 909 Elmerton Avenue Harrisburg, PA 17110 Department of Environmental

Protection November 19, 2009 2 p.m. Southeast Regional Office Delaware Conference Room 2 East Main Street Norristown, PA 19401 Department of Environmental Protection November 20, 2009 2 p.m. Southwest Regional Office Waterfront Conference Room

A and B 400 Waterfront Drive Pittsburgh, PA 15222-4745

Persons wishing to present testimony at a hearing are requested to contact the Environmental Quality Board, P. O. Box 8477, Harrisburg, PA 17105-8477, (717) 787- 4526, at least 1 week in advance of the hearing to reserve a time to present testimony. Oral testimony is limited to 10 minutes for each witness. Witnesses are requested to submit three written copies of their oral testimony to the hearing chairperson at the hearing. Organizations are limited to designating one witness to present testimony on their behalf at each hearing.

Persons in need of accommodations as provided for in the Americans With Disabilities Act of 1990 should contact the Board at (717) 787-4526 or through the Pennsylvania AT&T Relay Service at (800) 654-5984 

### PROPOSED RULEMAKING 6065

**PENNSYLVANIA BULLETIN, VOL. 39, NO. 42, OCTOBER 17, 2009**(TDD) or (800) 654-5988 (voice users) to discuss how the Board may accommodate their needs. JOHN HANGER, Chairperson

Fiscal Note: 7-447. No fiscal impact; (8) recommends adoption.

Annex A

TITLE 25. ENVIRONMENTAL PROTECTION

PART I. DEPARTMENT OF ENVIRONMENTAL PROTECTION Subpart C. PROTECTION OF NATURAL RESOURCES

ARTICLE III. AIR RESOURCES

CHAPTER 121. GENERAL PROVISIONS
§ 121.1. Definitions.

The definitions in section 3 of the act (35 P. S. § 4003) apply to this article. In addition, the following words and terms, when used in this article, have the following meanings, unless the context clearly indicates otherwise:

***** Class II hardboard paneling finish —A finish thatmeets the specifications of Voluntary Product Standard PS-59-73 as approved by the American National Standards Institute.

***** Decorative interior panel—Interior wall paneling that is usually grooved, frequently embossed and sometimes grain printed to resemble various wood species. Interior panels are typically manufactured at the same facilities as tileboard, although in much smaller quantities. The substrate can be hardboard, plywood, MDF or particleboard.

***** Exterior siding —Siding made of solid wood, hardboard or waferboard. Siding made of solidwood or hardboard is typically primed at the manufacturing facility and finished in the field, althoughsome finishing may be performed during manufacturing. The term includes exterior trim.

Exterior trim —Material made out of siding panels and used for edges and corners around the siding. Exterior trim is typically manufactured at the same facility as exterior siding and coated with the same coatings as siding.

***** Flat wood paneling coating—A protective, decorative or functional material applied to a flat wood paneling product, including a decorative interior panel, exterior siding or tileboard.

*****

Hardboard —A panel manufactured primarilyfrom interfelted lignocellulosic fibers that are consolidated under heat and pressure in a hot-press.

Hardwood plywood—Plywood on which the surface layer is a veneer of hardwood.

***** MDF—Medium density fiberboard—An engineered wood panel product manufactured from individual wood fibers combined with wax and resin and consolidated under extreme heat and pressure. ***** Natural-finish hardwood plywood panel—A panel on which the original grain pattern is enhanced byan essentially transparent finish frequently supplemented by filler and toner.

*****

Particleboard—A manufactured board made of individual wood particles that have been coatedwith a binder and formed into flat sheets by pressure.

*****

Plywood—A structural material made of layers of laminated plies of veneers or layers of wood glued together, usually with the grains of adjoining layers at right angles to each other.

*****
Printed interior panel—A panel on which the grain or natural surface is obscured by filler andbasecoat upon which a simulated grain or decorative pattern is printed.

*****
Thin particleboard —Particleboard that has a thickness of 1/4 inch or less.

*****

Tileboard —A premium interior wall paneling product made of hardboard that is used in high moisture areas of the home, including kitchens and bathrooms. Tileboard meets the specifications forClass I hardboard approved by the American National Standards Institute.

*****
Waferboard —A structural material made from rectangular wood flakes of controlled length andthickness bonded together with waterproof phenolic resin under extreme heat and pressure. The layers of flakes are not oriented.

*****

CHAPTER 129. STANDARDS FOR SOURCES

SOURCES OF VOCs
§ 129.51. General.

(a) Equivalency. Compliance with §§ 129.52 , 129.52a, 129.52b, 129.52c and 129.54—129.73 may be achieved by alternative methods if the following exist:

*****
(3) Compliance by a method other than the use of a low VOC coating or ink which meets the applicable emission limitation in §§ 129.52, 129.52a, 129.52b, 129.52c, 129.67 and 129.73 

### [ (relating to surface coating proceses; graphic arts systems; and aerospace manufacturing and rework) 

### ] shall be determined on the basis of equal volumes of solids.

*****
(6) The alternative compliance method is incorporatedinto a plan approval or operating permit, or both, reviewed by the EPA, including the use of an air cleaning device to comply with § 129.52, § 129.52a, § 129.52b, § 129.52c, § 129.67, § 129.68(b)(2) and (c)(2) or § 129.73.

***** 

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**PENNSYLVANIA BULLETIN, VOL. 39, NO. 42, OCTOBER 17, 2009**( Editor’s Note : Section 129.52c is new and printed in regular type to enhance readability.)

§ 129.52c. Control of VOC emissions from flat wood

paneling surface coating processes.

(a) Applicability. Except as specified in paragraphs (1)—(3), this section applies to the owner and operator of a flat wood paneling surface coating process if the total actual VOC emissions from all flat wood paneling surface coating operations listed in Table I (relating to emission limits of VOCs for flat wood paneling surface coatings), including related cleaning activities, at the facility are equal to or greater than 15 pounds (6.8 kilograms) per day, before consideration of controls. This section does not apply to the following:

(1) A field-applied coating process.
(2) A coating process regulated under §§ 129.101—129.107 (relating to wood furniture manufacturing operations).

(3) A coating process regulated under §§ 129.52(f) and 129.52, Table I, Category 11 (relating to surface coating processes; and wood furniture manufacturing operations).

(b) Existing RACT permit. The requirements of this section supersede the requirements of a RACT permit issued to the owner or operator of a source subject to subsection (a) prior to January 1, 2011, under §§ 129.91—129.95 (relating to stationary sources of NOx and VOCs) to control, reduce or minimize VOCs from a flat wood paneling surface coating process, except to theextent the RACT permit contains more stringent requirements.

(c) Emission limits. Beginning January 1, 2011, a person subject to this section may not cause or permit the emission into the outdoor atmosphere of VOCs from a flat wood paneling coating process unless one of the following limitations is met:

(1) The VOC content of each as applied coating is equal to or less than the limit specified in Table I.

(i) The VOC content of each as applied coating, expressed in units of weight of VOC per volume of coating solids, shall be calculated as follows:

VOC = (W

o )(D

c )/V

n Where:

VOC = VOC content in lb VOC/gal of coating solids W

o = Weight percent of VOC (W

v -W

w -W

ex ) W

v = Weight percent of total volatiles (100%-weight percent solids) W

w = Weight percent of water W

ex = Weight percent of exempt solvent(s) D

c = Density of coating, lb/gal, at 25° C V

n = Volume percent of solids of the as applied coating
(ii) Sampling and testing shall be done in accordancewith the procedures and test methods specified in Chapter 139 (relating to sampling and testing).

(2) The overall weight of VOCs emitted to the atmosphere is reduced through the use of oxidation or solvent recovery or another method that is acceptable under § 129.51(a) (relating to general). The overall efficiency of a control system, as determined by the test methods and procedures specified in Chapter 139 (relating to sampling and testing), may be no less than 90% or may be no lessthan the equivalent efficiency as calculated by the following equation, whichever is less stringent: O = (1 - E/V) × 100

Where:

V = The VOC content of the as applied coating, in lb VOC/gal of coating solids.

E = The Table I limit in lb VOC /gal of coating solids. O = The overall required control efficiency.
(d) Compliance monitoring procedures . The owner or operator of a facility subject to this section shall maintain records sufficient to demonstrate compliance with this section. The owner or operator shall maintain daily records of:

(1) The following parameters for each coating, thinner, other component or cleaning solvent as supplied:

(i) Name and identification number of the coating, thinner, other component or cleaning solvent.

(ii) Volume used.
(iii) Mix ratio. (iv) Density or specific gravity. (v) Weight percent of total volatiles, water, solids and exempt solvents.

(vi) Volume percent of solids for each coating used in the flat wood paneling coating process.

(vii) VOC content. (2) VOC content of each as applied coating or cleaning solvent.

(e) Recordkeeping and reporting requirements . The records required under subsection (d) shall be maintained for 2 years and shall be submitted to the Department on request.

(f) Coating application methods . A person subject to this section may not cause or permit the emission into the outdoor atmosphere of VOCs from a flat wood paneling surface coating process unless the coatings are applied using one or more of the following coating application methods:

(1) Offset rotogravure coating.
(2) Curtain coating.
(3) Direct roll coating.
(4) Reverse roll coating.
(5) Hand brush or hand roller coating.
(6) High volume-low pressure (HVLP) spray coating.
(7) Other coating application method, if approved in writing by the Department prior to use.

(i) The coating application method must be capable of achieving a transfer efficiency equivalent to or better than that achieved by a method listed in paragraphs (1)—(6).

(ii) The request for approval must be submitted in writing.

(g) Exempt coatings . The VOC coating content standards in Table I do not apply to a coating used exclusivelyfor determining product quality and commercial acceptance and other small quantity coatings, if the coating meets the following criteria:

(1) The quantity of coating used does not exceed 50 gallons per year for a single coating and a total of 200 gallons per year for all coatings combined for the facility. 

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**PENNSYLVANIA BULLETIN, VOL. 39, NO. 42, OCTOBER 17, 2009**(2) The owner or operator of the facility requests, in writing, and the Department approves, in writing, the exemption prior to use of the coating.

(h) Work practice requirements for coating-related activities . The owner or operator of a flat wood panelingsurface coating process subject to this section shall comply with the following work practices for coating-related activities:

(1) Store all VOC-containing coatings, thinners and coating-related waste materials in closed containers.

(2) Minimize spills of VOC-containing coatings, thinners and coating-related waste materials and clean up spills immediately.

(3) Convey VOC-containing coatings, thinners and coating-related waste materials from one location to another in closed containers or pipes.

(4) Ensure that mixing and storage containers used for VOC-containing coatings, thinners and coating-related waste materials are kept closed at all times, except when depositing or removing these materials.

(i) Work practice requirements for cleaning materials. The owner or operator of a flat wood paneling surface coating process subject to this section shall comply with the following work practices for cleaning materials:

(1) Store all VOC-containing cleaning materials, wastecleaning materials and used shop towels in closed containers.

(2) Minimize spills of VOC-containing cleaning materials and waste cleaning materials and clean up spills immediately.

(3) Convey VOC-containing cleaning materials and waste cleaning materials from one location to another in closed containers or pipes.

(4) Ensure that mixing vessels and storage containers used for VOC-containing cleaning materials and waste cleaning materials are kept closed at all times, except when depositing or removing these materials.

(5) Minimize VOC emissions during cleaning of storage, mixing and conveying equipment.

Table I Emission Limits of VOCs for Flat Wood Paneling Surface Coatings Weight of VOC per Volume of Coating Solids, as Applied Surface Coatings, Inks or Adhesives Applied to the Following Flat Wood Paneling Categories lbs VOC per gallon coating solids grams VOC per liter coating solids Printed interior panels made of hardwood plywood or thin particleboard 2.9 350

Natural-finish hardwood plywood panels 2.9 350

Class II finishes on hardboard panels 2.9 350

Tileboard 2.9 350 Exterior siding 2.9 350

[Pa.B. Doc. No. 09-1928. Filed for public inspection October 16, 2009, 9:00 a.m.] 

### [ 25 PA. CODE CHS. 121 AND 123 ]
**Outdoor Wood-Fired Boilers**

The Environmental Quality Board (Board) proposes toamend Chapters 121 and 123 (relating to general provisions; and standards for contaminants) as set forth in Annex A. The proposed amendments would add four newterms and definitions under § 121.1 (relating to definitions). The proposed amendments would add provisionsunder Chapter 123 for the control of emissions of particulate matter (PM) from the operation of outdoor wood-fired boilers (OWBs).

This notice is given under Board order at its meeting of September 15, 2009.

A. Effective Date

These amendments will be effective upon publication in the Pennsylvania Bulletin as final-form rulemaking.

These amendments will be submitted to the UnitedStates Environmental Protection Agency (EPA) as a revision to the Pennsylvania State Implementation Plan upon final-form rulemaking.

B. Contact Persons

For further information, contact Ron Davis, Chief, Division of Compliance and Enforcement, Bureau of Air Quality, 12th Floor, Rachel Carson State Office Building, P. O. Box 8468, Harrisburg, PA 17105-8468, (717) 787- 9257 or Robert ‘‘Bo’’ Reiley, Assistant Counsel, Bureau of Regulatory Counsel, 9th Floor, Rachel Carson State Office Building, P. O. Box 8464, Harrisburg, PA 17105-8464, (717) 787-7060.

Information regarding submitting comments on this proposal appear in Section K of this preamble. Persons with a disability may use the Pennsylvania AT&T Relay Service by calling (800) 654-5984 (TDD users) or (800)654-5988 (voice users). This proposal is available electronically through the Department of Environmental Protection’s (Department) web site at http://www.depweb.state.pa.us (Quick Access: Public Participation, then Proposals Open for Comment).

C. Statutory Authority

This proposed rulemaking is authorized under section 5(a)(1) of the Air Pollution Control Act (APCA) (35 P. S. § 4005(a)(1)), which grants to the Board the authority to adopt regulations for the prevention, control, reduction and abatement of air pollution in this Commonwealth.

D. Background and Summary

On July 18, 1997, the EPA revised the National Ambient Air Quality Standard (NAAQS) for PM to add a new standard for fine particles, using fine particulates equal to and less than 2.5 micrometers in diameter (PM2.5) as the indicator. The EPA set the health-based (primary) and welfare-based (secondary) PM2.5 annual standard at a level of 15 micrograms per cubic meter (μg/m 3 ) and the 24-hour standard at a level of 65 μg/m. 3 See 62 FR 38652. The health-based primary standard is designed to protect human health from elevated levels of PM2.5, which have been linked to premature mortality and other important health effects. The secondary standard is designed to protect against major environmental effects of PM2.5such as visibility impairment, soiling and materials damage. The following counties in this Commonwealth havebeen designated nonattainment for the 1997 fine particulate NAAQS: Allegheny (Liberty-Clairton), Allegheny (remainder), Armstrong, Berks, Beaver, Bucks, Butler, 

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