[Federal Register Volume 76, Number 164 (Wednesday, August 24, 2011)]
[Rules and Regulations]
[Pages 52867-52871]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-21362]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2011-0509; FRL-9453-7]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; Adoption of Control Techniques Guidelines for Large 
Appliance and Metal Furniture Coatings

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve a State 
Implementation Plan (SIP) revision submitted by the Pennsylvania 
Department of the Environmental Protection (PADEP). This SIP revision 
includes amendments to the Commonwealth of Pennsylvania's regulation 25 
Pa. Code Chapter 129 (relating to standards for sources) and meets the 
requirement to adopt Reasonably Available Control Technology (RACT) for 
sources covered by EPA's Control Techniques Guidelines (CTG) standards 
for large appliance and metal furniture coatings. These amendments will 
reduce emissions of volatile organic compound (VOC) emissions from 
large appliance and metal furniture coating facilities. Therefore, this 
revision will help the Commonwealth of Pennsylvania attain and maintain 
the national ambient air quality standard (NAAQS) for ozone. This 
action is being taken under the Clean Air Act (CAA).

DATES: This rule is effective on October 24, 2011 without further 
notice, unless EPA receives adverse written comment by September 23, 
2011. If EPA receives such comments, it will publish a timely 
withdrawal of the direct final rule in the Federal Register and inform 
the public that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2011-0509, by one of the following methods:
    A. http://www.regulations.gov. Follow the on-line instructions for 
submitting comments.
    B. E-mail: <a href="/cdn-cgi/l/email-protection#244241564a454a40415e0a47564d57504d4a45644154450a434b52"><span class="__cf_email__" data-cfemail="b5d3d0c7dbd4dbd1d0cf9bd6c7dcc6c1dcdbd4f5d0c5d49bd2dac3">[email protected]</span></a>.
    C. Mail: EPA-R03-OAR-2011-0509, Cristina Fernandez, Associate 
Director, Office of Air Program Planning, Mailcode 3AP30, U.S. 
Environmental Protection Agency, Region III, 1650 Arch Street, 
Philadelphia, Pennsylvania 19103.
    D. Hand Delivery: At the previously-listed EPA Region III address. 
Such deliveries are only accepted during the Docket's normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2011-0509. 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 information that you 
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. 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

[[Page 52868]]

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.
    Docket: All documents in the electronic docket are listed in the 
http://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, i.e., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available either electronically in http://www.regulations.gov or in hard copy during normal business hours at the 
Air Protection Division, U.S. Environmental Protection Agency, Region 
III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the 
State submittal are available at the Pennsylvania Department of 
Environmental Protection, Bureau of Air Quality Control, P.O. Box 8468, 
400 Market Street, Harrisburg, Pennsylvania 17105.

FOR FURTHER INFORMATION CONTACT: Gregory Becoat, (215) 814-2036, or by 
e-mail at <a href="/cdn-cgi/l/email-protection#85e7e0e6eae4f1abe2f7e0e2eaf7fcc5e0f5e4abe2eaf3"><span class="__cf_email__" data-cfemail="4b292e28242a3f652c392e2c2439320b2e3b2a652c243d">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: On October 1, 2010, PADEP submitted to EPA a 
SIP revision concerning the adoption of the EPA CTGs for large 
appliance and metal furniture coating processes.

I. Background

    Section 172(c)(1) of the CAA provides that SIPs for nonattainment 
areas must include reasonably available control measures (RACM), 
including RACT, for sources of emissions. Section 182(b)(2)(A) provides 
that for certain nonattainment areas, States must revise their SIPs to 
include RACT for sources of VOC emissions covered by a CTG document 
issued after November 15, 1990 and prior to the area's date of 
attainment.
    EPA defines RACT as ``the lowest emission 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 53761, September 17, 1979). In 
subsequent Federal Register notices, EPA has addressed how states can 
meet the RACT requirements of the CAA.
    CTGs are intended to provide state and local air pollution control 
authorities information that should assist them in determining RACT for 
VOCs from various sources, including large appliance coatings and metal 
furniture coatings. In developing these CTGs, EPA, among other things, 
evaluated the sources of VOC emissions from this industry and the 
available control approaches for addressing these emissions, including 
the costs of such approaches. Based on available information and data, 
EPA provides recommendations for RACT for VOCs from large appliance 
coatings and metal furniture coatings.
    In December 1977, EPA published CTGs for large appliance coatings 
(EPA-450/2-77-034) and surface coating of metal furniture (EPA-450/2-
77-032). These CTGs discuss the nature of VOC emissions from these 
industries, available control technologies for addressing such 
emissions, the costs of available control options, and other items. EPA 
promulgated national standards of performance for new stationary 
sources (NSPS) for large appliance coatings in 1982 (40 CFR part 60, 
subpart SS) and surface coating of metal furniture in 1982 (40 CFR part 
60, subpart EE). The NSPS requires VOC emissions limits based on VOC 
content of low VOC coating materials. EPA also published a national 
emission standard for hazardous air pollutants (NESHAP) for large 
appliance coatings in 2002 (40 CFR part 63, subpart NNNN) and surface 
coating of metal furniture in 2003 (40 CFR part 63, subpart RRRR). The 
NESHAP establishes national emission standards for hazardous air 
pollutants and emissions limits based on the organic hazardous air 
pollutants (HAP) content of low organic HAP coating materials.
    In 2006 and 2007, after conducting a review of currently existing 
state and local VOC emission reduction approaches for these industries, 
reviewing the 1977/1978 CTGs and the NESHAPs for these industries, and 
taking into account the information that has become available since 
then, EPA developed new CTGs for surface coating of large appliances, 
entitled Control Techniques Guidelines for Large Appliance Coatings 
(Publication No. EPA 453/R-07-004; September 2007) and surface coating 
of metal furniture, entitled Control Techniques Guidelines for Metal 
Furniture Coatings (Publication No. EPA 453/R-07-005; September 2007).
    Large appliance coatings include, but are not limited to, materials 
referred to as paint, topcoats, basecoats, primers, enamels, and 
adhesives used in the manufacture of large appliance parts or products. 
Coatings are a critical constituent to the large appliance industry. 
The metal furniture coatings product category includes the coatings 
that are applied to the surfaces of metal furniture. Metal furniture 
coatings serve decorative, protective, and functional purposes. VOC 
emissions from large appliance and metal furniture surface coating 
processes result from the evaporation of the components of the coatings 
and cleaning materials.

II. Summary of SIP Revision

    On October 1, 2010, PADEP submitted to EPA a SIP revision 
concerning the adoption of the EPA CTGs for large appliance and metal 
furniture coatings. EPA develops CTGs as guidance on control 
requirements for source categories. States can follow the CTGs or adopt 
more restrictive standards. PADEP amended existing regulations at 25 
Pa. Code sections 129.51 and 129.52 (relating to general and surface 
coating processes) and added section 129.52(a) (relating to control of 
VOC emissions from large appliance and metal furniture surface coating 
processes) in order to control VOC emissions from large appliance and 
metal furniture surface coating processes. This action affects sources 
that use large appliance and metal furniture surface coating processes 
in the Commonwealth of Pennsylvania.
    Regulation, section 129.51(a), entitled ``Equivalency'' includes 
large appliance and metal furniture surface coating processes and 
provides an alternative method for owners and operators of facilities 
to achieve compliance with air emission limits. Regulation, section 
129.52, entitled ``Surface coating processes'' specifies the 
requirements and emission limits for various surface coating processes. 
Section 129.52 also establishes that the requirements and limits for 
metal furniture coatings and large appliance coatings already specified 
in this section are superseded by the requirements and limits in 
section 129.52(a) (relating to control of VOC emissions from large 
appliance and metal furniture surface coating processes). New 
regulation, section 129.52(a), entitled ``Control of VOC emissions from 
large appliance and metal furniture surface coating processes'' 
establishes the following emissions limits of VOCs for large

[[Page 52869]]

appliance and metal surface coatings shown in Tables 1 and 2.

                      Table 1--Emission Limits of VOCs for Large Appliance Surface Coatings
                            [Weight of VOC per volume of coating solids, as applied]
----------------------------------------------------------------------------------------------------------------
                                                                        Baked                   Air dried
                                                             ---------------------------------------------------
                        Coating type                           Kilograms    Pounds per
                                                               per liter   gallon  (lb/     kg/l        lb/gal
                                                                 (kg/l)        gal)
----------------------------------------------------------------------------------------------------------------
General, One Component......................................         0.40         3.34         0.40         3.34
General, Multi-Component....................................         0.40         3.34         0.55         4.62
Extreme High Gloss..........................................         0.55         4.62         0.55         4.62
Extreme Performance.........................................         0.55         4.62         0.55         4.62
Heat Resistant..............................................         0.55         4.62         0.55         4.62
Metallic....................................................         0.55         4.62         0.55         4.62
Pretreatment................................................         0.55         4.62         0.55         4.62
Solar Absorbent.............................................         0.55         4.62         0.55         4.62
----------------------------------------------------------------------------------------------------------------


                      Table 2--Emission Limits of VOCs for Metal Furniture Surface Coatings
                            [Weight of VOC per volume of coating solids, as applied]
----------------------------------------------------------------------------------------------------------------
                                                                        Baked                   Air dried
                        Coating type                         ---------------------------------------------------
                                                                  kg/l        lb/gal        kg/l        lb/gal
----------------------------------------------------------------------------------------------------------------
General, One Component......................................         0.40         3.34         0.40         3.34
General, Multi-Component....................................         0.40         3.34         0.55         4.62
Extreme High Gloss..........................................         0.61         5.06         0.55         4.62
Extreme Performance.........................................         0.61         5.06         0.61         5.06
Heat Resistant..............................................         0.61         5.06         0.61         5.06
Metallic....................................................         0.61         5.06         0.61         5.06
Pretreatment................................................         0.61         5.06         0.61         5.06
Solar Absorbent.............................................         0.61         5.06         0.61         5.06
----------------------------------------------------------------------------------------------------------------

    The emission limits in Tables 1 and 2 provide consistency in the 
number of significant digits. The emission limit of 3.3 lb/gal was 
revised to 3.34 lb/gal in the Baked--``General, One Component'' and 
``General, Multi-Component'' and in the Air Dried--``General, One 
Component'' coatings. The 4.62 lb/gal emission limit in the Air Dried--
``General, Multi-Component'' and ``Extreme High Gloss'' coatings 
provides consistency with the limit in section 129.52. Although the 
4.62 lb/gal emission limit is greater than the 4.5 lb/gal emission 
limit recommended in the CTGs, the difference is due to different 
methodologies used for rounding during the conversion from metric units 
to English units. However, the emission reduction that will be achieved 
is equivalent. Further details of Tables 1 and 2 can be found in a 
Technical Support Document (TSD) prepared for this rulemaking. 
Additionally, the regulation establishes applicability, limitations, 
exempt solvents, application techniques, and work practices.

III. Final Action

    Pennsylvania's October 1, 2010 SIP revision meets the CAA 
requirement to include RACT for sources covered by the EPA CTGs for the 
large appliance and metal furniture coating processes. Therefore, EPA 
is approving the Pennsylvania SIP revision for adoption of the CTG 
standards for large appliance and metal furniture coating processes. 
EPA is publishing this rule without prior proposal because EPA views 
this as a noncontroversial amendment and anticipates no adverse 
comment. However, in the Proposed Rules section of today's Federal 
Register, EPA is publishing a separate document that will serve as the 
proposal to approve the SIP revision if adverse comments are filed. 
This rule will be effective on October 24, 2011 without further notice 
unless EPA receives adverse comment by September 23, 2011. If EPA 
receives adverse comment, EPA will publish a timely withdrawal in the 
Federal Register informing the public that the rule will not take 
effect. EPA will address all public comments in a subsequent final rule 
based on the proposed rule. EPA will not institute a second comment 
period on this action. Any parties interested in commenting must do so 
at this time.

IV. Statutory and Executive Order Reviews

A. General Requirements

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA 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 CAA. Accordingly, this 
action merely approves state law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this action:
    <bullet> 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);
    <bullet> Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
    <bullet> 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.);

[[Page 52870]]

    <bullet> 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);
    <bullet> Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
    <bullet> Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
    <bullet> Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
    <bullet> 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 CAA; and
    <bullet> 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 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 located in 
the state, and EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.

B. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).

C. Petitions for Judicial Review

    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by October 24, 2011. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purposes of 
judicial review nor does it extend the time within which a petition for 
judicial review may be filed, and shall not postpone the effectiveness 
of such rule or action. Parties with objections to this direct final 
rule are encouraged to file a comment in response to the parallel 
notice of proposed rulemaking for this action published in the proposed 
rules section of today's Federal Register, rather than file an 
immediate petition for judicial review of this direct final rule, so 
that EPA can withdraw this direct final rule and address the comment in 
the proposed rulemaking. This action pertaining to Pennsylvania's 
adoption of the CTG standards for large appliance and metal furniture 
coating processes may not be challenged later in proceedings to enforce 
its requirements. (See CAA section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Ozone, Reporting and recordkeeping requirements, Volatile 
organic compounds.

    Dated: August 3, 2011.
W.C. Early,
Acting Regional Administrator, Region III.

    40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart NN--Pennsylvania

0
2. In Sec.  52.2020, the table in paragraph (c)(1) is amended by 
revising the entries for Sections 129.51 and 129.52, and adding an 
entry for Section 129.52a. The amendments read as follows:


Sec.  52.2020  Identification of plan.

* * * * *
    (c) * * *
    (1) * * *

----------------------------------------------------------------------------------------------------------------
                                                            State                                Additional
          State citation               Title/subject      effective     EPA approval date     explanation  Sec.
                                                             date                             52.2063 citation
----------------------------------------------------------------------------------------------------------------
                                       Title 25--Environmental Protection
                                           Article III--Air Resources
 
                                                  * * * * * * *
                                       Chapter 129--Standards for Sources
 
                                                 * * * * * * *
                                                Sources of VOCs
 
                                                  * * * * * * *
Section 129.51...................  General.............     12/18/10  8/24/2011 [Insert     Paragraph 129.51(a)
                                                                       page number where     is amended. The
                                                                       the document          State effective
                                                                       begins].              date is 9/11/10.
Section 129.52...................  Surface coating          11/20/10  8/24/2011 [Insert     Paragraph 129.52(i)
                                    processes.                         page number where     is added. The State
                                                                       the document          effective date is 9/
                                                                       begins].              11/10.
Section 129.52a..................  Control of VOC            9/11/10  8/24/2011 [Insert     New section is
                                    emissions from                     page number where     added.
                                    large appliance and                the document
                                    metal furniture                    begins].
                                    surface coating
                                    processes.
 
                                                  * * * * * * *
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[[Page 52871]]

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[FR Doc. 2011-21362 Filed 8-23-11; 8:45 am]
BILLING CODE 6560-50-P


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