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[Federal Register Volume 76, Number 52 (Thursday, March 17, 2011)]
[Proposed Rules]
[Pages 14602-14606]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-6224]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2010-0775; FRL-9281-2]

Approval and Promulgation of Air Quality Implementation Plans; 
Louisiana; Revisions To Control Volatile Organic Compound Emissions for 
Surface Coatings and Graphic Arts

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve State Implementation Plan (SIP) 
revisions for control of volatile organic compounds (VOCs) adopted by 
Louisiana on June 20, 2009 and August 20, 2010, and submitted to EPA on 
August 31, 2010. EPA is also proposing to approve a SIP revision for 
control of emission of organic compounds which was proposed by 
Louisiana on January 20, 1011. EPA issued Control Techniques Guidelines 
(CTGs) in 2006, 2007 and 2008; Louisiana's rule revisions being 
proposed for approval in this action were developed in response to 
these CTGs. Because Louisiana has not yet finalized the January 20th 
revision to the VOC rules, we are proposing to approve this SIP 
revision in parallel with Louisiana's rulemaking activities. If the 
final version of the VOC rule adopted by Louisiana is changed from the 
proposed version which is being ``parallel processed'' today, EPA will 
withdraw this rulemaking and propose a new rulemaking with the final 
VOC rule adopted by Louisiana. If there are no changes to the 
``parallel-processed'' version, EPA will proceed with final rulemaking 
on the version finally adopted by Louisiana and submitted to EPA. EPA 
is proposing to approve these revisions because they enhance the 
Louisiana SIP by improving VOC emission controls in Louisiana. EPA is 
also proposing to find that these revisions meet Reasonably Available 
Control Technology (RACT) requirements. These revisions meet statutory 
and regulatory requirements, and are consistent with EPA's guidance. 
This action is being taken under section 110 and part D of the Clean 
Air Act (CAA).

DATES: Comments must be received on or before April 18, 2011.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R06-
OAR-2010-0775, by one of the following methods:
     Federal Rulemaking Portal: http://www.regulations.gov. 
Follow the on-line instructions for submitting comments.
     E-mail: Mr. Guy Donaldson at donaldson.guy@epa.gov. Please 
also send a copy by e-mail to the person listed in the FOR FURTHER 
INFORMATION CONTACT section below.
     Fax: Mr. Guy Donaldson, Chief, Air Planning Section (6PD-
L), at fax number 214-665-7263.
     Mail: Mr. Guy Donaldson, Chief, Air Planning Section (6PD-
L), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, 
Dallas, Texas 75202-2733.
     Hand or Courier Delivery: Mr. Guy Donaldson, Chief, Air 
Planning Section (6PD-L), Environmental Protection Agency, 1445 Ross 
Avenue, Suite 1200, Dallas, Texas 75202-2733. Such deliveries are 
accepted only between the hours of 8 a.m. and 4 p.m. weekdays except 
for legal holidays. Special

[[Page 14603]]

arrangements should be made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R06-OAR-
2010-0775. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
http://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit through http://www.regulations.gov or e-mail, information that you consider to be CBI 
or otherwise protected. The http://www.regulations.gov Web site is an 
``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through http://www.regulations.gov, your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses. For additional information about EPA's public 
docket visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in http://www.regulations.gov or in hard copy at the Air Planning 
Section (6PD-L), Environmental Protection Agency, 1445 Ross Avenue, 
Suite 700, Dallas, Texas 75202-2733. The file will be made available by 
appointment for public inspection in the Region 6 FOIA Review Room 
between the hours of 8:30 a.m. and 4:30 p.m. weekdays except for legal 
holidays. Contact the person listed in the FOR FURTHER INFORMATION 
CONTACT paragraph below to make an appointment. If possible, please 
make the appointment at least two working days in advance of your 
visit. There will be a fee of 15 cents per page for making photocopies 
of documents. On the day of the visit, please check in at the EPA 
Region 6 reception area at 1445 Ross Avenue, Suite 700, Dallas, Texas.
    The State submittal, which is part of the EPA record, is also 
available for public inspection at the State Air Agency listed below 
during official business hours by appointment: Louisiana Department of 
Environmental Quality, 602 North Fifth Street, Baton Rouge, LA 70802.

FOR FURTHER INFORMATION CONTACT: Ms. Ellen Belk, Air Planning Section 
(6PD-L), Environmental Protection Agency, Region 6, 1445 Ross Avenue, 
Suite 700, Dallas, Texas 75202-2733, telephone (214) 665-2164; fax 
number 214-665-7263; e-mail address belk.ellen@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,'' 
and ``our'' means EPA.

Outline

I. What action is EPA proposing?
II. What is ``parallel processing'', and why are we using it to 
process a Louisiana revision?
III. Why is EPA proposing this action?
IV. What are the requirements of Louisiana's VOC rule revisions?
V. Statutory and Executive Order Reviews

I. What action is EPA proposing?

    EPA is proposing to approve SIP revisions for control of emission 
of organic compounds adopted by Louisiana on June 20, 2009, and August 
20, 2010, and submitted to EPA on August 31, 2010. We are also 
proposing to approve, by parallel processing, a revision for control of 
emission of organic compounds proposed by Louisiana on January 20, 
2010. The revisions submitted on August 31, 2010, are included as 
Appendices A and B of the LDEQ submittal entitled, ``VOC RACT Control 
Technique Guidelines'' dated August 2010. Together, these revisions 
include updates to the following Louisiana rules: Chapter 1 General 
Provisions, amendments to Sec.  111 Definitions; Chapter 21 Control of 
Emission of Organic Compounds, amendments to Sec.  2123 Organic 
Solvents, and Sec.  2143 Graphic Arts (Printing) by Rotogravure, 
Flexographic, Offset Lithographic, Letterpress, and Flexible Package 
Printing Processes. Also, EPA is proposing to approve, by parallel 
processing, the VOC rule revision proposed January 20, 2011, which is a 
small wording change. In a letter to EPA dated February 7, 2011, the 
State of Louisiana requested ``parallel processing'' and a provided a 
schedule for final adoption of this VOC rule revision.
    We are proposing to approve these revisions because they enhance 
the Louisiana SIP by improving control of emissions from VOC sources in 
Louisiana. These revisions reflect changes in response to CTGs issued 
in 2006, 2007 and 2008: Consumer and Commercial Products Group II: 
Control Techniques Guidelines in Lieu of Regulations for Flexible 
Packaging Printing Materials, Lithographic Printing Materials, 
Letterpress Printing Materials, Industrial Cleaning Solvents, and Flat 
Wood Paneling Coatings (71 FR 58745, October 5, 2006); 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, October 9, 2007); 
Consumer and Commercial Products, Group IV: Control Techniques 
guidelines in Lieu of Regulations for Miscellaneous Metal Products 
Coatings, Plastic Parts Coatings, Auto and Light-Duty Truck Assembly 
coatings, Fiberglass Boat Manufacturing Materials, and Miscellaneous 
Industrial Adhesives (73 FR 58481, October 7, 2008).
    In addition, we are proposing that these revisions meet RACT 
requirements for these source categories. These revisions meet 
statutory and regulatory requirements, and are consistent with EPA's 
guidance. EPA is proposing approval of these revisions pursuant to 
section 110 and part D of the CAA.

II. What is ``parallel processing'', and why are we using it to process 
a Louisiana revision?

    At the request of the State of Louisiana, approval of its revision, 
published in the Louisiana Register January 20, 2011, is being proposed 
under a procedure called ``parallel processing'' whereby EPA proposes 
rulemaking action concurrently with the State's procedures for amending 
its regulations (40 CFR part 51, Appendix V, section 2.3).
    Under parallel processing, EPA proposes rulemaking action 
concurrently with the State's proposed rulemaking. If the State's 
proposed revision is changed, EPA will evaluate that subsequent change 
and may publish another notice of proposed rulemaking. If no change is 
made, EPA will publish a final rulemaking on the revisions after 
responding to any submitted comments. Final rulemaking

[[Page 14604]]

action by EPA will occur only after the SIP revision has been fully 
adopted by Louisiana and submitted formally to EPA for incorporation 
into the SIP. In addition, any action by the State resulting in undue 
delay in the adoption of the rules may result in a re-proposal, 
altering the approvability of this SIP revision. The parallel 
processing of the January 20, 2011 revision is appropriate because it 
accommodates a minor wording change and no further change is 
anticipated. The State's January 20, 2011, proposed revision and their 
letter of February 7, 2011 are available in the docket for this action.

III. Why is EPA proposing this action?

    A primary purpose of these rules is to improve control of VOC 
emissions in various parishes in Louisiana. Our approval of the revised 
Louisiana regulations will make them federally enforceable. Also, these 
rules satisfy the requirement to adopt VOC RACT rules for the CTG 
documents issued by EPA in 2006, 2007, and 2008.
    These revised requirements for control of VOC emissions will help 
to attain and maintain the 8-hour ozone standard in Louisiana parishes. 
These rules satisfy in part the requirement in the Clean Air that VOC 
RACT rules be adopted for ozone nonattainment areas. This includes the 
Baton Rouge 8-hour ozone nonattainment area. Sections 172(c)(1) and 182 
of the Act require areas that are classified as moderate or above for 
ozone nonattainment to adopt RACT requirements for sources that are 
subject to CTGs issued by EPA and for ``major sources'' of VOCs and 
nitrogen oxides (NOX), which are ozone precursors. See 42 
U.S.C. sections 7502 (c)(1) and 7511a (b) and (f). RACT is defined as 
the lowest emissions limitation that a particular source is capable of 
meeting by the application of control technology that is reasonably 
available considering technological and economic feasibility (44 FR 
53762; September 17, 1979). A CTG provides information on the available 
controls for a source category and provides information about RACT for 
the category.
    As discussed previously, EPA issued new CTGs in 2006, 2007 and 
2008. EPA has reviewed Louisiana's new VOC rule revisions with respect 
to RACT requirements and the recommendations in the new CTGs and 
proposes to find that these revisions meet RACT. Based on our analysis, 
we find that these VOC rule revisions enhance the SIP by providing 
clarification and additional control requirements for reducing 
emissions from volatile organic compounds, and also that these 
revisions meet RACT requirements. EPA is proposing to find that for the 
CTG categories included in this rule-making, Louisiana has RACT-level 
controls. Additional information about RACT and EPA's evaluation of 
Louisiana's rule revisions for RACT for this action is provided in the 
TSD, including TSD Appendix B.
    In a related but separate rulemaking, EPA plans to evaluate the 
RACT/RACM submittal provided by Louisiana on August 31, 2010. This will 
include analysis of RACT for NOX and also for VOC categories 
other than those included here, as well as RACT for non-major sources.

IV. What are the requirements of Louisiana's VOC rule revisions?

    This proposed approval of Louisiana's VOC rule revisions affects 
Louisiana's rules in both Chapter 1 General Provisions and Chapter 21 
Control of Emission of Organic Compounds, specifically Chapter 1 Sec.  
111 Definitions, Chapter 21 Subchapter B. Surface Coatings Sec.  2123 
Organic Solvents, and Subchapter H. Graphic Arts Sec.  2143 Graphic 
Arts (Printing) by Rotogravure, Flexographic, Offset Lithographic, 
Letterpress, and Flexible Package Printing Processes. Applicability 
under these rules includes requirements that vary by parish, and is 
briefly discussed below. Louisiana's Chapter 1 definitions, and Chapter 
21 controls for VOC emissions, cover many categories of sources. This 
rulemaking affects sources covered by the Louisiana Administrative Code 
(LAC) Chapters and Subchapters listed in the following table. However, 
to determine whether a specific facility in a Louisiana parish will be 
affected by one or more of the above revisions, please see Louisiana's 
associated rule revisions included in the docket.

Louisiana Administrative Code (LAC) 33: III.111, 2123, and 2143 Chapters
               and Subchapters Affected by This Rulemaking
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                                                                 Chapter 1
                                                                  General
                                                                Provisions
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                 Chapter 1 General Provisions
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111. Definitions
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      Chapter 21 Control of Emission of Organic Compounds
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Subchapter B Surface Coatings
    Sec.   2123 Organic Solvents
Subchapter H Graphic Arts
    Sec.   2143 Graphic Arts (Printing) by Rotogravure,
     Flexographic, Offset Lithographic, Letterpress, and
     Flexible Package Printing Processes
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    A brief description of the Louisiana VOC rules for surface coating 
and for graphic arts that are proposed for approval in this action is 
provided below. This description contains information on applicability, 
control requirements and relevant EPA guidance. Compliance with these 
rules is required by the State no later than one year from the 
promulgation of the regulation revision. Additional detail regarding 
Louisiana's VOC regulations proposed for approval in this action is 
provided in the TSD.

Surface Coating Regulations

    Louisiana's surface coating regulations being proposed for approval 
in this action include requirements for applicability, emissions 
limits, control techniques, and work practices. These regulations are 
based on and are consistent with the relevant 2006, 2007, and 2008 
CTGs. For example, the requirements for applicability for the surface 
coating rules, specified in LAC 2123.A., apply to sources in any parish 
with emissions of VOCs resulting from the application of surface 
coatings equal to or more than 15 pounds (6.8 kilograms) per day, or an 
equivalent level of 2.7 tons per 12 month rolling period (LAC 2123.A.).
    The categories of Louisiana's surface coating regulations being 
proposed for approval in this action are identified below (for more 
information, please see Louisiana's regulations, and the TSD in the 
docket for this proposal).
    Flat Wood Paneling; LAC 2123. These regulations have been revised 
based on and consistent with EPA's 2006 Control

[[Page 14605]]

Techniques Guidelines for Flat Wood Paneling Coatings. Emission limits 
are consistent with the CTG (LAC 2123.C.13), as is the efficiency limit 
required if add-on controls are used (the VOC capture and abatement 
system shall be at least 90 percent efficient overall, LAC 2123.D.1).
    Large Appliance Coatings; LAC 2123. These regulations have been 
revised based on and consistent with EPA's 2007 Control Techniques 
Guidelines for Large Appliance Coatings. Emission limits are consistent 
with the CTG (LAC 2123.C.1), as is the efficiency limit required if 
add-on controls are used (the VOC capture and abatement system shall be 
at least 90 percent efficient overall, LAC 2123.D.1).
    Metal Furniture Coatings; LAC 2123. These regulations have been 
revised based on and consistent with EPA's 2007 Control Techniques 
Guidelines for Metal Furniture Coatings. Emission limits are consistent 
with the CTG (LAC 2123.C.6), as is the efficiency limit required if 
add-on controls are used (the VOC capture and abatement system shall be 
at least 90 percent efficient overall, LAC 2123.D.1).
    Paper, Film, and Foil Coatings; LAC 2123. These regulations have 
been revised based on and consistent with EPA's 2007 Control Techniques 
Guidelines for Paper, Film, and Foil Coatings. Emission limits are 
consistent with the CTG (LAC 2123.C.15), as is the efficiency limit 
required if add-on controls are used (the VOC capture and abatement 
system shall be at least 90 percent efficient overall, LAC 2123.D.1).
    Miscellaneous Metal and Plastic Parts Coatings; LAC 2123. These 
regulations have been revised based on and consistent with EPA's 2008 
Control Techniques Guidelines for Miscellaneous Metal Products Coatings 
and Plastic Parts Coatings. Emission limits are consistent with the CTG 
(LAC 2123.C.7 and 8), as is the efficiency limit required if add-on 
controls are used (the VOC capture and abatement system shall be at 
least 90 percent efficient overall, LAC 2123.D.1).
    Automobile and Light-Duty Truck Assembly Coatings; LAC 2123. These 
regulations have been revised based on and consistent with EPA's 2008 
Control Techniques Guidelines for Auto and Light-Duty Truck Assembly 
Coatings. Emission limits are consistent with the CTG (LAC 2123.C.16), 
as is the use of EPA's revised Automobile Topcoat Protocol (LAC 
2123.D.4).
    Industrial Cleaning Solvents; LAC 2123. These new regulations are 
based on and consistent with EPA's 2006 Control Techniques Guidelines 
for Industrial Cleaning Solvents. Control techniques for the use of 
industrial cleaning solvents are consistent with the CTG (LAC 2123. D. 
10), as is the efficiency limit required if add-on controls are used 
(the VOC capture and abatement system shall be at least 85 percent 
efficient overall, LAC 2123. D. 1).
    Miscellaneous Industrial Adhesives; LAC 2123. These new regulations 
are based on and consistent with EPA's 2006 Control Techniques 
Guidelines for Miscellaneous Industrial Adhesives (73 FR 58481, October 
7, 2008). Methods for applying adhesives are consistent with the CTG 
(LAC 2123. D. 13), and if add-on controls are used for industrial 
cleaning solvents, the VOC capture and abatement system shall be at 
least 85 percent efficient overall (LAC 2123. D. 1).
    Fiberglass Boat Manufacturing Materials; LAC 2123. These new 
regulations are based on and consistent with EPA's 2008 Control 
Techniques Guidelines for Fiberglass Boat Manufacturing Materials. 
Emission limits are consistent with the CTG (LAC 2123. C. 18), as are 
VOC content and vapor pressure limits applicable to cleaning activities 
in fiberglass boat manufacturing (LAC 2123 D. 12).

Graphic Arts

    Louisiana's graphic arts regulations being proposed for approval in 
this action include applicability and control requirements, and are 
based on and are consistent with the relevant 2006 CTGs. For example, 
the requirements for applicability for the graphic arts rules, 
specified in 2143. B., apply to sources in any parish with the 
potential to emit, on an uncontrolled basis at full production, a 
combined weight of VOCs greater than 100 tons per year (tpy). In 
Ascension, East Baton Rouge, Iberville, Livingston, Point Coupee and 
West Baton Rouge parishes, the rules apply to any facility with the 
potential to emit a combined weight of VOCs greater than 50 tpy.
    The categories of Louisiana's graphic arts regulations being 
proposed for approval in this action are identified below (for more 
information, please see Louisiana's regulations, and the TSD in the 
docket for this proposal).
    Lithographic Printing and Letterpress Printing; LAC 2143. These new 
regulations are based on and consistent with EPA's 2006 Control 
Techniques Guidelines for Lithographic Printing Materials, and 
Letterpress Printing Materials.
    Flexible Package Printing; LAC 2143. These regulations have been 
revised based on and consistent with EPA's 2006 Control Techniques 
Guidelines for Flexible Packaging Printing Materials.

V. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely proposes to approve State law as 
meeting Federal requirements and does not impose additional 
requirements beyond those imposed by State law. For that reason, this 
action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this proposed rule does not have tribal implications 
as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country

[[Page 14606]]

located in the state, and EPA notes that it will not impose substantial 
direct costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental 
relations, Ozone, Nitrogen dioxides, Reporting and recordkeeping 
requirements, Volatile organic compounds.

    Authority:  42 U.S.C. 7401 et seq.

    Dated: March 5, 2011.
Al Armendariz,
Regional Administrator, Region 6.
[FR Doc. 2011-6224 Filed 3-16-11; 8:45 am]
BILLING CODE 6560-50-P
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