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 in

paper, 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 surface

coatings 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 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 nec6646

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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 provide

even 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 standard

between 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 are

required 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 available

control 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 in

the 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 category

when 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 the

CAA 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 measures

necessary 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 is

reasonably 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 to

the Board for approval for publication as a final regulation. The Department also consulted with the Small

Business Compliance Advisory Committee (SBCAC) on

July 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’s

CTG. 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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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 coating

processes. 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), to

avoid 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 coating

process 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 that

records 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 for

cleaning 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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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 coating

sources (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 format

in which these records must be maintained. The Department respectfully disagrees that subsections (d) and (e)

are unclear. Requiring regulated facilities to maintain

records is a standard requirement in many Boardapproved regulations, including § 129.52(g), for instance.

Neither the Department nor the regulated sources have

had 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 in

writing. 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 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 VOCcontent solvents will also benefit water quality through

reduced 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 in

the 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 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 at least 2 years

and submitted to the Department upon written request.

Persons claiming the small quantity exemption or use of

exempt 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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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 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 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. 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 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 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 VOCcontent solvents will also benefit water quality through

reduced 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 public

comment 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 and

Senate 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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terms, when used in this article, have the following

meanings, unless the context clearly indicates otherwise:

*****

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.

*****

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.

*****

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 than

the 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 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,

§ 129.67, § 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 emission

requirements 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 time

frame 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

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chapter shall maintain records that clearly demonstrate

to the Department that the facility or source is not

subject 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 appliance

coatings in this section are superseded by the requirements and limits in § 129.52a (relating to control of VOC

emissions 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. For

these 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 the

extent 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:

VOCB = (Wo)/(Wn)

Where:

VOCB = VOC content in lb VOC/lb 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 solvents

Wn = 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 = (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

(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 (Woi x Dci x Qi) + J (WoJ x DdJ x QJ) VOCA = 

i (Wni x Dci x Qi)

Where:

VOCA = VOC content in lb VOC/lb of coating solids for

a dip coating, calculated on a 30-day rolling average basis

Woi = 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)

Dci = Density of each as supplied coating (i) added to

the dip coating process, in pounds per gallon

Qi = Quantity of each as supplied coating (i) added to

the dip coating process, in gallons

Wni = Percent solids by weight of each as supplied

coating (i) added to the dip coating process, expressed as

a decimal fraction

WoJ = Percent VOC by weight of each thinner (J) added

to the dip coating process, expressed as a decimal fraction

DdJ = Density of each thinner (J) added to the dip

coating process, in pounds per gallon

QJ = Quantity of each thinner (J) added to the dip

coating process, in gallons

(iv) Sampling and testing shall be done in accordance

with the procedures and test methods specified in Chapter 139 (relating to sampling and testing).

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(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 overall

efficiency 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 to

subsection (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 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.

(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 all

times, 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

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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 Covenants Act

The Environmental Quality Board (Board) adopts

Chapter 253 (relating to administration of the Uniform

Environmental Covenants Act) to read as set forth in

Annex 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 Uniform

State 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) (35

P. 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 substances

through 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 and

the 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 regulations

by 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 Cleanup

Standards 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 comment

period. 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 STAC

approved 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 the

Commonwealth’s existing risk-based corrective action programs. The Department developed the final-form rulemaking to provide the regulated community and program

staff a straightforward step-by-step outline of when envi6654 RULES AND REGULATIONS

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