# RULES AND REGULATIONS

**Title 25—ENVIRONMENTAL PROTECTION** 

**ENVIRONMENTAL QUALITY BOARD [ 25 PA. CODE CHS. 121 AND 129 ]**  **Paper, Film and Foil Surface Coating Processes**

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

The final-form rulemaking amends Chapter 129 to limit emissions of volatile organic compounds (VOCs) from the use and application of coatings and cleaning materials inpaper, film and foil surface coating processes. The finalform rulemaking adds § 129.52b (relating to control of VOC emissions from paper, film and foil surface coating processes) and amends §§ 129.51 and 129.52 (relating to general; and surface coating processes). The final-form rulemaking also amends § 121.1 (relating to definitions).

This order was adopted by the Board at its meeting on August 30, 2010.

A. Effective Date

This final-form rulemaking will be effective upon publication in the Pennsylvania Bulletin

. B. Contact Persons

For further information, contact Arleen 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 Furlan, Assistant Counsel, Bureau of Regulatory Counsel, P. O. Box 8464, Rachel Carson State Office Building, Harrisburg, PA 17105-8464, (717) 787-7060. Persons with a disability may use the Pennsylvania AT&T Relay Service, (800) 654-5984 (TDD users) or (800) 654-5988 (voice users). This final-form rulemaking is available electronically through the Department of Environmental Protection’s(Department) web site at www.depweb.state.pa.us (Keyword: Public Participation).

C. Statutory Authority

This final-form rulemaking is authorized under section 5 of the Air Pollution Control Act (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 provisions of the Clean Air Act (CAA) (42 U.S.C.A. §§ 7401—7671q).

D. Background and Purpose

The purpose of this final-form rulemaking is to reduce VOC emissions from paper, film and foil surface coating 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 final-form rulemaking adopts the emission limits and other requirements of the United States Environmental Protection Agency’s (EPA’s) 2007 Control Techniques Guidelines (CTG) for paper, film and foil coatings 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 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 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 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 nec

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**PENNSYLVANIA BULLETIN, VOL. 40, NO. 47, NOVEMBER 20, 2010**essary 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 part per million (ppm) averaged over 8 hours. See 62 FR 38856 (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. The Commonwealth is meeting the 1997 standard in all areas except the five-county Philadelphia area. 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.

Furthermore, in March 2008, the EPA lowered the standard to 0.075 ppm averaged over 8 hours to provideeven greater protection for children, other at-risk populations and the environment against the array of ozoneinduced adverse health and welfare effects. See 73 FR 16436 (March 27, 2008). The EPA is reconsidering the March 2008 ozone NAAQS and proposed in January 2010 to set a more protective 8-hour ozone primary standardbetween 0.060 and 0.070 ppm to provide increased protection for children and other at-risk groups. See 75 FR 2938 (January 19, 2010). The EPA also proposed that the secondary ozone standard, which was set identically to the revised primary standard in the 2008 final rule, should instead be a new cumulative, seasonal standard. See 75 FR 2938. This seasonal standard is designed to protect plants and trees from damage occurring from repeated ozone exposure, which can reduce tree growth, damage leaves, and increase susceptibility to disease. The final revised ozone NAAQS is expected in December 2010.

There are no Federal statutory or regulatory limits for VOC emissions from paper, film and foil surface coating operations. State regulations to control VOC emissions from paper, film and foil surface coating operations arerequired under Federal law, however, and will be reviewed by the EPA for whether they meet the reasonably available control technology (RACT) requirements of the CAA and its implementing regulations. Consumer and Commercial Products; Control Techniques Guidelines in Lieu of Regulations for Paper, Film, and Foil Coatings; Metal Furniture Coatings; and Large Appliance Coatings, 72 FR 57215, 57218 (October 9, 2007).

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

Section 183(e) of the CAA (42 U.S.C.A. § 7511b(e)) 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. Section 183(e)(3)(C) of the CAA further provides that the EPA may issue a CTG in place of a National regulation for a product categorywhen the EPA determines that the CTG will be ‘‘substantially as effective as regulations’’ in reducing emissions of VOC in ozone nonattainment areas.

In 1995, the EPA listed paper, film and foil coatings on its list in section 183(e) of the CAA and, in 2007, issued a CTG for this product category. See 60 FR 15264 (March 23, 1995) and 72 FR 57215 (October 9, 2007). In the 2007 notice, the EPA determined that the CTG would be substantially as effective as a National regulation in reducing VOC emissions from these product categories in ozone nonattainment areas. See 72 FR 57215, 57220.

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 reviewed the recommendations included in the 2007 CTG for paper, film and foil coatings for their applicability to the ozone reduction measuresnecessary for this Commonwealth. The Department determined that the measures provided in the CTG for paper, film and foil coatings are appropriate to be implemented in this Commonwealth as RACT for this category.

This final-form rulemaking will 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 paper, film and foil 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 final-form rulemaking is required under the CAA and isreasonably necessary to attain and maintain the healthbased 8-hour ozone NAAQS and to satisfy related CAA requirements in this Commonwealth. This final-form rulemaking will be submitted to the EPA as a revision to the SIP.

The final-form rulemaking was discussed with the Air Quality Technical Advisory Committee (AQTAC) on June 17, 2010. The AQTAC concurred with the Department’s recommendation to present the final-form amendments tothe Board for approval for publication as a final regulation. The Department also consulted with the Small Business Compliance Advisory Committee (SBCAC) onJuly 28, 2010. The SBCAC had no concerns. The Department consulted with the Citizens Advisory Council on June 30, 2010.

E. Summary of Regulatory Requirements; Changes to the

Proposed Rulemaking

The final-form rulemaking adds the definition of ‘‘coating line’’ to § 121.1. The final-form rulemaking amends the definition of ‘‘coating’’ to specify a definition for purposes of § 129.52b that is consistent with the EPA’sCTG. The final-form rulemaking also amends the definition of ‘‘paper coating’’ to correspond to the broader terms ‘‘paper, film or foil coating’’ and ‘‘paper, film or foil surface coating,’’ which are used in other sections of Chapter 129 and this final-form rulemaking.

The final-form rulemaking amends § 129.51(a) to extend its coverage to paper, film and foil surface coating processes covered by this final-form rulemaking. Section 

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**PENNSYLVANIA BULLETIN, VOL. 40, NO. 47, NOVEMBER 20, 2010**129.51(a) provides an alternative method for owners and operators of facilities to achieve compliance with air emission limits.

The final-form rulemaking amends § 129.52 by adding subsection (j). Section 129.52 specifies requirements and emission limits for various surface coating processes. The amendment in this final-form rulemaking clarifies that the requirements and limits already specified in § 129.52 for paper coatings are superseded by the requirements and limits adopted in this final-form rulemaking.

The final-form rulemaking adds § 129.52b to regulate VOC emissions from paper, film and foil surface coatingprocesses. The applicability of this new section is described in subsection (a), which establishes that emission limits and other requirements of this section apply to the owner and operator of a paper, film or foil surface coating process if an individual paper, film or foil surface coating line has a potential to emit at least 25 tons per year (tpy) of VOC from coatings, prior to controls. This differs from the current applicability threshold in § 129.52, and is consistent with the recommended applicability threshold in the CTG. The current applicability threshold in § 129.52 is also carried over into subsection (a) for paper surface coating processes only, in subsection (a)(2), toavoid backsliding from current emission limitations. Subsection (a) specifies that the emission limits and other requirements of § 129.52b supersede the emission limits and other requirements of § 129.52.

Subsection (a) also establishes that the work practice requirements in subsection (h) for cleaning materials, and the related compliance monitoring and recordkeeping and reporting requirements specified in subsections (d) and (e), apply to the owner and operator of a paper, film or foil surface coating process if the total actual VOC emissions from all paper, film or foil surface coating operations, including related cleaning activities, at the facility are equal to or greater than 15 pounds (6.8 kilograms) per day or 2.7 tons (2,455 kilograms) per 12-month rolling period, before consideration of controls. Basing the applicability on a 12-month rolling period is generally considered to be more stringent than basing it on a calendar year, as in § 129.52(a), but is consistent with the CTG.

Subsection (b) explains that the requirements of § 129.52b supersede the requirements of a RACT permit for VOC emissions from a paper, film or foil surface coating operation already issued to the owner or operator of a source subject to § 129.52b, except to the extent the RACT permit contains more stringent requirements.

Subsection (c) establishes VOC emission limits. Beginning January 1, 2012, a person may not cause or permit the emission into the outdoor atmosphere of VOCs from a paper, film or foil surface coating process subject to § 129.52b, unless: (1) the VOC content of each as applied coating is equal to or less than the limit specified in Table I or II (relating to emission limits of VOCs for paper, film and foil surface coatings if potential VOC emissions from a single line, prior to control, are 25 tons per year or more; and emission limit of VOCs for paper coating if actual VOC emissions have exceeded 3 pounds per hour, 15 pounds per day or 2.7 tons per year in any year since January 1, 1987); 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. Final-form subsection (d) identifies daily records that must be kept to demonstrate compliance with § 129.52b. An owner or operator of an individual paper, film or foil surface coating line that is subject to this section by virtue of having a potential to emit of at least 25 tpy of VOC from coatings, prior to controls, shall keep daily records that include the 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. The daily records required of an owner or operator of a paper, film or foil surface coatingprocess subject to the cleaning material-related requirements of § 129.52b are similar, but relate only to cleaning solvents. The owner or operator of a facility subject to this section by virtue of the existing threshold being carried forward from § 129.52 shall also keep daily records of the volume percent solids for each coating, thinner or component, as supplied.

Final-form subsection (e) contains a change to the recordkeeping and reporting requirements in proposed § 129.52b(e). The proposed rulemaking required thatrecords be maintained for 2 years. The final-form rulemaking requires that records be maintained for 2 years unless a longer period is required under § 127.511(b)(2) (relating to monitoring and related recordkeeping and reporting requirements). Additionally, § 129.52b(e) has been amended to clarify that records shall be submitted to the Department upon receipt of a written request.

Under final-form subsection (f), an owner or operator of an individual paper, film or foil surface coating line that is subject to § 129.52b by virtue of having a potential to emit at least 25 tpy of VOC from coatings, prior to controls, may not cause or permit the emission into the outdoor atmosphere of VOCs from the application of paper, film or foil surface coatings, unless the coatings are applied using rotogravure coating, reverse roll coating, knife coating, dip coating, slot die coating, flexographic coating, extrusion coating or calendaring. 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 in subsection (f) and is approved in writing by the Department prior to use.

Final-form subsection (g) exempts from the VOC coating content limits in Tables I and II in § 129.52b a coating used exclusively for determining product quality and commercial acceptance and other small quantity coatings, if 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 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.

Final-form subsection (h) establishes work practices that an owner or operator of a paper, film or foil surface coating process subject to § 129.52b shall comply with forcleaning materials. Consistent with the CTG, this subsection has been amended to apply to all processes subject to this section, not just to those subject to the cleaning material-related requirements of this section.

Final-form Table I establishes emission limits of VOCs for paper, film and foil surface coatings from a single line, expressed in units of weight of VOC per weight of coating solids, as applied. The title of Table I is amended in the final-form rulemaking for clarity. 

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**PENNSYLVANIA BULLETIN, VOL. 40, NO. 47, NOVEMBER 20, 2010**Final-form Table II establishes emission limits of VOCs for paper coatings, only, if actual VOC emissions have exceeded 3 pounds per hour, 15 pounds per day or 2.7 tpy in any year since January 1, 1987. This table, along with the applicability criteria in § 129.52b(a)(2), were added to carry forward the previously regulated paper coatingsources (in § 129.52) that would fall between the applicability criteria in § 129.52b(a)(1) and (3) and eliminate the potential for backsliding. Emission limits in Table II are expressed in units of weight of VOC per volume of coating solids, as applied.

F. Comments and Responses

The Board approved publication of the proposed rulemaking at its meeting of September 15, 2009. The proposed rulemaking was published at 39 Pa.B. 6460 (November 7, 2009). Three public hearings were held on December 9, 11 and 14, 2009, in Pittsburgh, Harrisburg and Norristown, PA, respectively. The public comment period closed on January 13, 2010.

No public comments were received by the Board.
The Independent Regulatory Review Commission (IRRC) commented that proposed § 129.52b(d) and (e), which require the owners and operators of the regulated surface coating processes to maintain certain records, are unclear. IRRC requested that the Board clarify the formatin which these records must be maintained. The Department respectfully disagrees that subsections (d) and (e) are unclear. Requiring regulated facilities to maintainrecords is a standard requirement in many Boardapproved regulations, including § 129.52(g), for instance. Neither the Department nor the regulated sources havehad difficulty understanding or complying with this requirement. The Department did not make changes to the final-form rulemaking in response to this comment.

IRRC commented that proposed § 129.52b(e), which requires that records required under § 129.52b(d) be submitted to the Department ‘‘upon request,’’ is unclear as to whether this request will be made orally or inwriting. The Department agrees and revised the finalform rulemaking to specify that the records shall be submitted to the Department upon receipt of a written request.

G. Benefits, Costs and Compliance
Benefits

Implementation of the final-form rulemaking will 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 final-form rulemaking is 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 final-form rulemaking provides as one compliance option that coatings used on or applied to paper, film or foil products manufactured in this Commonwealth meetspecified limits for VOC content, usually through substitution of low VOC-content solvents or water for the highVOC-content solvents. The reduced levels of high VOCcontent solvents will also benefit water quality throughreduced loading on water treatment plants and in reduced quantities of high VOC-content solvents leaching into the ground. Owners and operators of affected paper, film and foil 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.

In this Commonwealth, approximately 15 paper, film and foil surface coating operations combine to emit an estimated total of 374 tons of VOCs per year.

The EPA estimates that implementation of the recommended control options for paper, film or foil surface coatings processes will result in approximately a 47% reduction in VOC emissions. The maximum anticipated additional annual VOC reductions from the paper, film or foil surface coatings facilities as a result of this final-form rulemaking is approximately 176 tons (374 tons x 47%).
Compliance Costs

The costs of complying with the final-form rulemaking include the cost of using alternative product formulations, such as low-VOC or water-based coatings and the cost of using add-on controls, such as thermal oxidizers. The facility owner or operator is given the flexibility to choose controls. Based on information provided by the EPA inthe paper, film and foil coatings CTG, the cost effectiveness of reducing VOC emissions from paper, film and foil surface coating operations is estimated to be $1,200 per ton of VOC reduced. This estimate is based on the use of thermal oxidizer add-on controls, which are the most costly option to reduce VOC emissions on an annual operating basis. The estimated annual cost for the owners or operators of the affected noncomplying paper, film and foil surface coating facilities in this Commonwealth, combined, is $211,200 (176 tons VOC reduced x $1,200 per ton reduced). Based on total VOC emissions reported to the Department for the 2009 calendar year, the annual compliance costs for each affected noncomplying facility will range from an estimated $2,000 to an estimated $69,000 depending on actual VOC emissions.

The potential total annual costs to the regulated industry of $211,200 for paper, film and foil surface coating operations are negligible compared to the improved health and environmental benefits that will be gained from this final-form rulemaking.

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 and waste.
Compliance Assistance Plan

The Department plans to educate and assist the public and regulated community in understanding the newly amended 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 paper, film or foil surface coating operations will be required to keep dailyoperational 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 at least 2 years and submitted to the Department upon written request. Persons claiming the small quantity exemption or use ofexempt coating are required to keep records demonstrating the validity of the exemption. Persons seeking to comply through the use of add-on controls are required to meet the applicable reporting requirements in Chapter 139 (relating to sampling and testing). 

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**PENNSYLVANIA BULLETIN, VOL. 40, NO. 47, NOVEMBER 20, 2010**H. Pollution Prevention

The Pollution Prevention Act of 1990 (42 U.S.C.A.§§ 13101—13109) established a National policy that promotes pollution prevention as the preferred means forachieving 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 incorporationof 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 final-form rulemaking incorporated the following pollution prevention incentives.

The final-form rulemaking will assure that the citizens and the environment of this Commonwealth experience the benefits of reduced emissions of VOCs and HAPs from paper, film and foil surface coating processes. Althoughthe final-form rulemaking is 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 final-form rulemaking provides as one compliance option that coatings used on or applied to paper, film and foil products manufactured in this Commonwealth meetspecified limits for VOC content, usually through substitution of low VOC-content solvents or water for the highVOC-content solvents. The reduced levels of high VOCcontent solvents will also benefit water quality throughreduced loading on water treatment plants and in reduced quantities of high VOC-content solvents leaching into the ground. Owners and operators of affected paper, film and foil 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.

I. 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.

J. Regulatory Review

Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on October 28, 2009, the Department submitted a copy of the notice of proposed rulemaking,published at 39 Pa.B. 6460, to IRRC and the Chairpersons of the House and Senate Environmental Resources and Energy Committees for review and comment.

Under section 5(c) of the Regulatory Review Act, IRRC and the House and Senate Committees were provided with copies of the comments received during the publiccomment period, as well as other documents when requested. In preparing the final-form rulemaking, the Department has considered all comments from IRRC, the House and Senate Committees and the public.

Under section 5.1(d) of the Regulatory Review Act (71 P. S. § 745.5a(d)), on October 20, 2010, the final-form rulemaking was deemed approved by the House andSenate Committees. Under section 5.1(e) of the Regulatory Review Act, IRRC met on October 21, 2010, and approved the final-form rulemaking. K. Findings

The Board finds that: (1) Public notice of proposed rulemaking was given under sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) and regulations promulgated thereunder, 1 Pa. Code §§ 7.1 and 7.2.

(2) At least a 60-day public comment period was provided as required by law and all comments were considered.

(3) This final-form rulemaking does not enlarge the purpose of the proposed rulemaking published at 39 Pa.B. 6460.

(4) This final-form rulemaking is necessary and appropriate for administration and enforcement of the authorizing acts identified in Section C of this preamble.

(5) This final-form rulemaking is necessary to attain and maintain the ozone NAAQS and to satisfy related CAA requirements.

L. Order

The Board, acting under the authorizing statutes, orders that:

(a) The regulations of the Department, 25 Pa. Code Chapters 121 and 129, are amended by amending §§ 121.1, 129.51 and 129.52 and by adding § 129.52b to read as set forth in Annex A, with ellipses referring to the existing text of the regulations.

(b) The Chairperson of the Board shall submit this order and Annex A to the Office of General Counsel and the Office of Attorney General for review and approval as to legality and form as required by law.

(c) The Chairperson of the Board shall submit this order and Annex A to IRRC and the Senate and House Environmental Resources and Energy Committees as required by the Regulatory Review Act.

(d) The Chairperson of the Board shall certify this order and Annex A and deposit them with the Legislative Reference Bureau, as required by law.

(e) This final-form rulemaking will be submitted to the EPA as an amendment to the Pennsylvania SIP.

(f) This order shall take effect immediately upon publication in the Pennsylvania Bulletin

. JOHN HANGER, Chairperson
(Editor’s Note : For the text of the order of the Independent Regulatory Review Commission relating to this document, see 40 Pa.B. 6487 (November 6, 2010).)

Fiscal Note: Fiscal Note 7-448 remains valid for the final adoption of the subject regulations.

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 

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**PENNSYLVANIA BULLETIN, VOL. 40, NO. 47, NOVEMBER 20, 2010**terms, when used in this article, have the following meanings, unless the context clearly indicates otherwise:

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Coating

—(i) For purposes of wood furniture manufacturing operations under §§ 129.101—129.107, a protective, decorative or functional material applied in a thin layer to a surface.

(A) The term includes paints, topcoats, clear coats, varnishes, sealers, stains, washcoats, basecoats, inks and temporary protective coatings.

(B) The term does not include adhesives.
(ii) For purposes of paper, film and foil surface coating under § 129.52b (relating to control of VOC emissions from paper, film and foil surface coating processes), a material applied onto or impregnated into a substrate for decorative, protective or functional purposes.

(A) The term includes solvent-borne coatings,waterborne coatings, adhesives, wax coatings, wax laminations, extrusion coatings, extrusion laminations, 100% solid adhesives, UV-cured coatings, electron beam-cured coatings, hot melt coatings and cold seal coatings.

(B) The term does not include materials used to form unsupported substrates, such as calendaring of vinyl, blown film, cast film, extruded film and co-extruded film.

Coating line —The equipment and activities of the manufacturing process used to apply coatings onto or into a substrate.

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Paper, film or foil coating or paper, film or foil surface coating—Coatings applied in a continuous, uniform layer to paper, film or foil surfaces, and pressure-sensitive tapes, regardless of substrate. The coatings are applied to provide a covering, finish or functional or protective layer to the substrate, saturate a substrate for lamination or provide adhesion between two substrates for lamination.

(i) The term includes coatings used in web coating processes on the following:

(A) Pressure sensitive tapes and labels, including fabric coated for use in pressure sensitive tapes and labels.

(B) Plastic and photographic films.
(C) Industrial and decorative laminates.
(D) Abrasive products, including fabric coated for use in abrasive products.

(E) Flexible packaging, including coating of non-woven polymer substrates for use in flexible packaging.

(F) Miscellaneous coating operations, including the following:

(I) Corrugated and solid fiber boxes.
(II) Die-cut paper, paperboard and cardboard.
(III) Converted paper and paperboard not elsewhere classified.

(IV) Folding paperboard boxes, including sanitary boxes.

(V) Manifold business forms and related products.
(VI) Plastic aseptic packaging.
(VII) Carbon paper and inked ribbons.
(ii) The term does not include the following: (A) Coatings applied in whole or in part as nonuniform layers, such as patterns, designs or print.

(B) Inks and other coatings used at printing operations that are applied on or in-line with an offset lithographic, screen, letterpress, flexographic, rotogravure or digital printing press.

(C) Sizing, starch or water-based clays that are applied with size presses and on-machine coaters that are part of an in-line papermaking system.

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CHAPTER 129. STANDARDS FOR SOURCES

SOURCES OF VOCs
§ 129.51. General.

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

(1) The alternative method is approved by the Department in an applicable plan approval or operating permit, or both.

(2) The resulting emissions are equal to or less thanthe emissions that would have been discharged by complying with the applicable emission limitation.

(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, 129.67 and 129.73 shall be determined on the basis of equal volumes of solids.

(4) Capture efficiency testing and emissions testing are conducted in accordance with methods approved by the EPA.

(5) Adequate records are maintained to ensure enforceability.

(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, § 129.67, § 129.68(b)(2) and (c)(2) or § 129.73.

(b) New source performance standards. Sources covered by new source performance standards which are more stringent than those contained in this chapter shall comply with those standards in lieu of the standards found in this chapter.

(c) Demonstration of compliance. Test methods and procedures used to monitor compliance with the emissionrequirements of this section are those specified in Chapter 139 (relating to sampling and testing).

(d) Records. The owner or operator of a facility or source subject to the VOC emission limitations and control requirements in this chapter shall keep records to demonstrate compliance with the applicable limitation or control requirement.

(1) The records must provide sufficient data and calculations to clearly demonstrate that the emission limitations or control requirements are met. Data or information required to determine compliance with an applicable limitation shall be recorded and maintained in a timeframe consistent with the averaging period of the standard.

(2) The records shall be retained at least 2 years and shall be made available to the Department on request.

(3) An owner or operator claiming that a facility or source is exempt from the VOC control provisions of this 

### RULES AND REGULATIONS 6651

**PENNSYLVANIA BULLETIN, VOL. 40, NO. 47, NOVEMBER 20, 2010**chapter shall maintain records that clearly demonstrate to the Department that the facility or source is notsubject to the VOC emission limitations or control requirements. § 129.52. Surface coating processes.

***** (i) Beginning January 1, 2011, the requirements and limits for metal furniture coatings and large appliancecoatings in this section are superseded by the requirements and limits in § 129.52a (relating to control of VOCemissions from large appliance and metal furniture surface coating processes).

(j) Beginning January 1, 2012, the requirements and limits for paper coatings in this section are superseded by the requirements and limits in § 129.52b (relating to control of VOC emissions from paper, film and foil surface coating processes).

***** § 129.52b. Control of VOC emissions from paper,

film and foil surface coating processes.
(a) Applicability. This section applies to the owner and operator of a paper, film or foil surface coating process, as follows, if the surface coating process meets one or a combination of the following:

(1) The emission limits in Table I and other requirements of this section apply to the owner and operator of a paper, film or foil surface coating process if an individual paper, film or foil surface coating line has a potential to emit at least 25 tpy of VOC from coatings, prior to controls. For these processes, the emission limits and other requirements of this section supersede the emission limits and other requirements of § 129.52 (relating to surface coating processes).

(2) The emission limit in Table II and other requirements of this section apply to the owner and operator of a paper surface coating process which emits or has emitted VOCs into the outdoor atmosphere in quantities greater than 3 pounds (1.4 kilograms) per hour, 15 pounds (7 kilograms) per day or 2.7 tons (2,455 kilograms) per year during any calendar year since January 1, 1987. Forthese processes, the emission limit and other requirements of this section supersede the emission limit and other requirements of § 129.52.

(3) The work practice requirements for cleaning materials found in subsection (h), and the related compliance monitoring and recordkeeping and reporting requirements of subsections (d) and (e), apply to the owner and operator of a paper, film or foil surface coating process if the total actual VOC emissions from all paper, film or foil surface coating operations, including related cleaning activities, at the facility are equal to or greater than 15 pounds (6.8 kilograms) per day or 2.7 tons (2,455 kilograms) per 12-month rolling period, before consideration of controls.

(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, 2012, under §§ 129.91—129.95 (relating to stationary sources of NOx and VOCs) to control, reduce or minimize VOCs from a paper, film or foil surface coating process, except to theextent the RACT permit contains more stringent requirements.

(c) Emission limits. Beginning January 1, 2012, a person subject to subsection (a)(1) or (2) may not cause or permit the emission into the outdoor atmosphere of VOCs from a paper, film or foil surface 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 or Table II, as applicable.

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

VOC B = (W

o )/(W

n )

Where:

VOC B = VOC content in lb VOC/lb 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 solvents

W

n = Weight percent of solids of the as applied coating(ii) The VOC content of the 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

(iii) The VOC content of a dip coating, expressed in units of weight of VOC per weight of coating solids, shall be calculated on a 30-day rolling average basis using the following equation:

i (W oi x D ci x Q i ) + J (W oJ x D dJ x Q J ) VOC A =  i (Wni x D ci x Q i )

Where:

VOC A = VOC content in lb VOC/lb of coating solids for a dip coating, calculated on a 30-day rolling average basis

W oi = Percent VOC by weight of each as supplied coating (i) added to the dip coating process, expressed as a decimal fraction (that is 55% = 0.55)

D ci = Density of each as supplied coating (i) added to the dip coating process, in pounds per gallon

Q i = Quantity of each as supplied coating (i) added to the dip coating process, in gallons

W ni = Percent solids by weight of each as supplied coating (i) added to the dip coating process, expressed as a decimal fraction

W oJ = Percent VOC by weight of each thinner (J) added to the dip coating process, expressed as a decimal fraction

D dJ = Density of each thinner (J) added to the dip coating process, in pounds per gallon

Q J = Quantity of each thinner (J) added to the dip coating process, in gallons

(iv) Sampling and testing shall be done in accordancewith the procedures and test methods specified in Chapter 139 (relating to sampling and testing). 

### 6652 RULES AND REGULATIONS

**PENNSYLVANIA BULLETIN, VOL. 40, NO. 47, NOVEMBER 20, 2010**(2) The overall weight of VOCs emitted to the atmosphere is reduced through the use of vapor recovery or incineration 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, may be no less than 90% or may be no less than the equivalent overallefficiency as calculated by the following equation, whichever is less stringent:
O = (1 − E/V) x 100

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

E = The Table I limit in lb VOC/lb of coating solids or Table II 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 as follows:

(1) The owner or operator of a facility subject tosubsection (a) shall maintain daily records of the following parameters for each coating, thinner, component or cleaning solvent, as supplied:

(i) Name and identification number of the coating, thinner, 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) VOC content. (2) In addition to the records required under paragraph(1), the owner or operator of a facility subject to subsection (a)(2) shall maintain daily records of the volume percent solids for each coating, thinner or component, as supplied.

(3) The owner or operator of a facility subject to subsection (a) shall maintain daily records of the VOC content of each as applied coating or cleaning solvent.

(e) Recordkeeping and reporting requirements. The records required under subsection (d) shall be:

(1) Maintained for 2 years, unless a longer period is required under § 127.511(b)(2) (relating to monitoring and related recordkeeping and reporting requirements).

(2) Submitted to the Department upon receipt of a written request.

(f) Coating application methods. A person subject to subsection (a)(1) may not cause or permit the emission into the outdoor atmosphere of VOCs from the application of paper, film or foil surface coatings, unless the coatings are applied using one or more of the following coating application methods:

(1) Rotogravure coating.
(2) Reverse roll coating.
(3) Knife coating.
(4) Dip coating.
(5) Slot die coating.
(6) Flexographic coating.
(7) Extrusion coating. (8) Calendaring.

(9) Other coating application method, if approved in writing by the Department prior to the use of the application method.

(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)—(8).

(ii) The request for approval must be submitted in writing by the owner or operator of the paper, film or foil surface coating facility.

(g) Exempt coatings. The VOC coating content limits in Tables I and II 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.

(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 cleaning materials. The owner or operator of a paper, film or foil surface coating process subject to subsection (a) shall comply with the following work practices for cleaning materials:

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

(2) Ensure that mixing and storage containers used for VOC-containing cleaning materials are kept closed at alltimes, except when depositing or removing these materials.

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

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

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

Table I

Emission Limits of VOCs for Paper, Film and Foil Surface Coatings if Potential VOC Emissions from a Single Line, Prior to Control, are 25 Tons per Year or More

Weight of VOC per Weight of

Coating Solids, as Applied

RACT Limits

Units Pressure Sensitive Tape

and Label Surface Coating Paper, Film, and Foil Surface

Coating (Not including Pressure Sensitive

Tape and Label Surface Coating) kg VOC/kg solids (lb VOC/lb solids) 0.20 0.40

kg VOC/kg coating (lb VOC/lb coating) 0.067 0.08 

### RULES AND REGULATIONS 6653

**PENNSYLVANIA BULLETIN, VOL. 40, NO. 47, NOVEMBER 20, 2010**Table II Emission Limit of VOCs for Paper Coating if Actual VOC Emissions have Exceeded 3 Pounds per Hour, 15 Pounds per Day or 2.7 Tons per Year in Any Year Since January 1, 1987 Weight of VOC per Volume of

Coating Solids, as Applied

Units RACT Limit Paper Coating lb voc/gal coating solids 4.84 kg voc/l coating solids 0.58

[Pa.B. Doc. No. 10-2190. Filed for public inspection November 19, 2010, 9:00 a.m.]



### ENVIRONMENTAL QUALITY BOARD **[ 25 PA. CODE CH. 253 ]**

**Administration of the Uniform Environmental Cov enants Act** 

The Environmental Quality Board (Board) adopts Chapter 253 (relating to administration of the Uniform Environmental Covenants Act) to read as set forth inAnnex A. The final-form rulemaking addresses ambiguities in 27 Pa.C.S. §§ 6501—6517 (relating to Uniform Environmental Covenants Act) (UECA) and establishes procedural interfaces with other statutes.

This order was adopted by the Board at its meeting of August 30, 2010.

A. Effective Date

This final-form rulemaking will go into effect upon publication in the Pennsylvania Bulletin

. B. Contact Persons

For further information, contact Troy Conrad, Director, Land Recycling Program, P. O. Box 8471, Rachel Carson State Office Building, Harrisburg, PA 17105-8471, (717) 783-7816; or Kurt Klapkowski, Assistant Counsel, Bureau of Regulatory Counsel, P. O. Box 8464, Rachel Carson State Office Building, Harrisburg, PA 17105-8464, (717)787-7060. Persons with a disability may use the Pennsylvania AT&T Relay Service, (800) 654-5984 (TDD users)or (800) 654-5988 (voice users). This final-form rulemaking is available electronically through the Department of Environmental Protection’s (Department) web site at www.depweb.state.pa.us.

C. Statutory Authority

The final-form rulemaking is being made under section 6515 of UECA (relating to Environmental Quality Board), which grants the Board the power and the duty to promulgate regulations for the proper performance of the work of the Department under UECA; and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20), which authorizes the Board to formulate, adopt and promulgate rules and regulations that are necessary for the proper work of the Department. Section 6515 of UECA also explicitly grants the Board the power to develop fees by regulation for environmental covenants.

D. Background and Purpose

UECA was signed into law on December 18, 2007. The statute was based on a National model act developed by the National Conference of Commissioners on UniformState Laws. UECA provides for the creation of environmental covenants to ensure the long-term stewardship of activity and use limitations on property remediated under the Land Recycling and Environmental Remediation Standards Act (Act 2) (35 P. S. §§ 6026.101—6026.907) or the Storage Tank and Spill Prevention Act (Tank Act) (35P. S. §§ 6021.101—6021.2103). These limitations are restrictions on the use of the remediated property (institutional controls) or the maintenance of a ‘‘structure’’ needed to control the movement of regulated substancesthrough the environment (engineering controls). The environmental covenant is a property interest with a holder and is capable of being transferred and may be enforced by multiple parties, including the Department. Finally, the environmental covenant is recorded with the county recorder of deeds where the property is located, giving future landowners and developers notice of the activity and use limitations. Once the Department develops a formal registry containing all covenants, as required by section 6512 of UECA (relating to registry; substitute notice), only a simple notice will need to be recorded with the county recorder of deeds where the property is located.

Although UECA does contain relatively detailed procedural requirements, the Department determined that regulations under UECA would be necessary to address ambiguities and to establish procedural interfaces with the Tank Act and Act 2. Collection of the fee will support the Department’s review of environmental covenants andthe development and maintenance of the electronic registry of environmental covenants that section 6512 of UECA requires the Department to develop and maintain.

UECA does not require review of proposed regulationsby a particular advisory committee. However, the Department had discussions with several outside groups concerning the proposed rulemaking. The Department presented the proposed rulemaking to the CleanupStandards Scientific Advisory Board (CSSAB). The proposed rulemaking was discussed and supported at the CSSAB board meeting held on September 1, 2009; a formal motion supporting the proposed rulemaking was not considered due to a lack of a quorum at the meeting. The proposed rulemaking was also discussed with the Storage Tank Advisory Committee (STAC) on September 8, 2009. The STAC did not take formal action on the proposed rulemaking at that meeting.

The proposed rulemaking was published at 40 Pa.B. 1379 (March 6, 2010) with a 30-day public commentperiod. The Board received 66 comments from 11 commentators, including the Independent Regulatory Review Commission (IRRC). The Department presented the draft final-form rulemaking to the STAC on June 8, 2010, in substantially the same form as published. The STACapproved a motion to recommend approval of the finalform rulemaking by the Board. The Department also presented the draft final-form rulemaking to the CSSAB on June 15, 2010. The CSSAB was supportive of the draft final-form rulemaking but did not take formal action on the rulemaking, pending resolution of several issues. The Department had further discussions with the CSSAB on June 28, 2010, resulting in this final-form rulemaking.

E. Summary of Comments and Responses on the Proposed

Rulemaking and Changes to the Proposed Rulemaking
As previously noted, the final-form rulemaking is intended to supplement UECA and tie it together with theCommonwealth’s existing risk-based corrective action programs. The Department developed the final-form rulemaking to provide the regulated community and programstaff a straightforward step-by-step outline of when envi

### 6654 RULES AND REGULATIONS

**PENNSYLVANIA BULLETIN, VOL. 40, NO. 47, NOVEMBER 20, 2010**