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 testPer 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 to

amend 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 coating

processes) 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 through

the 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

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operations. VOCs are a precursor for ozone formation.

Ground-level ozone is not emitted directly by surface

coatings 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 healthy

individuals 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 affects

vegetation 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 and

other plants can decrease the aesthetic value of ornamental species used in residential landscaping, as well as the

natural beauty of parks and recreation areas. Through

deposition, 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 and

visible 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 ozone

air 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 the

five-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 not

attain 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 Commonwealth

submitted 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 in

most 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 are

required 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 Flexible

Packaging 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).

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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 EPA

determines 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 the

CAA 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 for

flat 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 ozone

NAAQS 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 with

the 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 proposed

addition of § 129.52c: ‘‘Class II hardboard paneling finish,’’ ‘‘decorative interior panel,’’ ‘‘exterior siding,’’ ‘‘exterior

trim,’’ ‘‘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 (6.8

kilograms) 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 the

extent 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.

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Under proposed subsection (f), an owner or operator

subject 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 use

another 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 in

subsection (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 air

pollution. 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 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

benefit water 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 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 estimated

potential 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 41.74

tons 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 are

negligible 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 of

exempt coating would be required to keep records demon6064 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 requirements

specified 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 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 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 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 benefit

water 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 and

Energy Committees (Committees). In addition to submitting the proposed amendments, the Department has

provided IRRC and the Committees with a copy of a

detailed 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, IRRC

may convey any comments, recommendations or objections to the proposed rulemaking within 30 days of the

close 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 Assembly

and 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 Quality

Board, 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 and

must 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 the

purpose 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

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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 that

meets 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 solid

wood or hardboard is typically primed at the manufacturing facility and finished in the field, although

some 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 primarily

from 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 by

an essentially transparent finish frequently supplemented by filler and toner.

*****

Particleboard—A manufactured board made of

individual wood particles that have been coated

with 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 and

basecoat 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 for

Class I hardboard approved by the American National Standards Institute.

*****

Waferboard—A structural material made from

rectangular wood flakes of controlled length and

thickness 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 incorporated

into 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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(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 the

extent 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 = (Wo)(Dc)/Vn

Where:

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

Wo = Weight percent of VOC (Wv-Ww-Wex)

Wv = Weight percent of total volatiles (100%-weight

percent solids)

Ww = Weight percent of water

Wex = Weight percent of exempt solvent(s)

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

Vn = Volume percent of solids of the as applied coating

(ii) Sampling and testing shall be done in accordance

with 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 less

than 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 exclusively

for 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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(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 paneling

surface 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, waste

cleaning 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 to

amend Chapters 121 and 123 (relating to general provisions; and standards for contaminants) as set forth in

Annex A. The proposed amendments would add four new

terms and definitions under § 121.1 (relating to definitions). The proposed amendments would add provisions

under 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 United

States 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/m3

) 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 PM2.5

such as visibility impairment, soiling and materials damage. The following counties in this Commonwealth have

been designated nonattainment for the 1997 fine particulate NAAQS: Allegheny (Liberty-Clairton), Allegheny (remainder), Armstrong, Berks, Beaver, Bucks, Butler,

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