Facility Address Waste description

Styrene .............................. 3.71e+00 7.42e+01

Tetrachlorobenzene, 1,2,4,5- ........... 5.75e-03 1.15e-01

Tetrachloroethane, 1,1,2,2- ............ 1.48e-01 2.96e+00

Tetrachloroethylene .................. 5.22e-02 1.04e+00

Tetrachlorophenol, 2,3,4,6- ............ 1.10e+00 2.20e+01

Tetraethyl dithiopyrophosphate

(Sulfotep) ........................... 1.83e+05 3.66e+06

Toluene .............................. 2.79e+01 5.58e+02

Toxaphene ........................... 5.00e-01 1.00e+01

Trichlorobenzene, 1,2,4- ............... 4.41e-01 8.82e+00

Trichloroethane, 1,1,1- ................ 4.63e+00 9.26e+01

Trichloroethane, 1,1,2- ................ 4.76e-02 9.52e-01

Trichloroethylene ..................... 1.86e-01 3.72e+00

Trichlorofluoromethane ............... 1.24e+01 2.48e+02

Trichlorophenol, 2,4,5- ................ 5.59e+00 1.12e+02

Trichlorophenol, 2,4,6- ................ 2.34e-01 4.68e+00

Trichlorophenoxyacetic acid,

2,4,5-(245-T) ........................ 1.39e+00 2.78e+01

Trichlorophenoxypropionic acid,

2,4,5-(Silvex) ........................ 1.00e+00 2.00e+01

Trichloropropane, 1,2,3- ............... 4.69e-04 9.38e-03

Trinitrobenzene, sym- ................. 3.96e+00 7.92e+01

Vinyl chloride ........................ 1.81e-03 3.62e-02

Xylenes (total) ....................... 1.95e+02 3.90e+03

(4) Changes in Operating Conditions: If WMDSPA significantly changes the

treatment process or the chemicals used in the treatment process, WMDSPA

may not manage the treatment sludge filter cake generated from the new

process under this exclusion until it has met the following conditions: (a)

WMDSPA must demonstrate that the waste meets the delisting levels set forth

in Condition 3; (b) it must demonstrate that no new hazardous constituents

listed in Appendix VIII of 40 CFR Part 261 have been introduced into the

manufacturing or treatment process; and (c) it must obtain prior written

approval from the Department to manage the waste under this exclusion.

(5) Reopener:

(i) If WMDSPA discovers that a condition at the facility or an assumption

related to the disposal of the excluded waste that was modeled or predicted in

the petition does not occur as modeled or predicted, then WMDSPA must report

any information relevant to that condition, in writing, to the Department

within 10 days of discovering that condition.

(ii) Upon receiving information described in subparagraph (i) of this

Condition, regardless of its source, the Department will determine whether the

reported condition requires further action. Further action may include

repealing the exclusion, modifying the exclusion, or other appropriate response

necessary to protect human health and the environment.

[Pa.B. Doc. No. 09-2063. Filed for public inspection November 6, 2009, 9:00 a.m.]

[ 25 PA. CODE CHS. 121 AND 129 ]

Paper, Film and Foil Surface Coating Processes

The Environmental Quality Board (Board) proposes to

amend Chapters 121 and 129 (relating to general provisions; and standards for sources), to read as set forth in

Annex A.

The proposed rulemaking would amend Chapter 129 to

limit emissions of volatile organic compounds (VOCs)

from the use and application of coatings and cleaning

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materials in paper, film and foil surface coating processes.

The proposal would add § 129.52b (relating to control of

VOC emissions from paper, film and foil surface coating

processes), and amend §§ 129.51 and 129.52 (relating to

general; and surface coating processes). The proposal

would also amend § 121.1 (relating to definitions).

This proposal was adopted by the Board at its meeting

on September 15, 2009.

A. Effective Date

This proposed rulemaking will be effective upon finalform publication in the Pennsylvania Bulletin.

B. Contact Persons

For further information, contact Arleen J. Shulman,

Chief, Division of Air Resource Management, P. O. Box

8468, Rachel Carson State Office Building, Harrisburg,

PA 17105-8468, (717) 772-3436, or Kristen Campfield

Furlan, Assistant Counsel, Bureau of Regulatory Counsel,

P. O. Box 8464, Rachel Carson State Office Building,

Harrisburg, PA 17105-8464, (717) 787-7060. Information

regarding submitting comments on this proposal appears

in Section J of this preamble. Persons with a disability

may use the Pennsylvania AT&T Relay Service by calling

(800) 654-5984 (TDD users) or (800) 654-5988 (voice

users). This proposal is available electronically through

the Department of Environmental Protection’s (Department) web site at www.depweb.state.pa.us (Quick Access:

Public Participation).

C. Statutory Authority

This proposed rulemaking is authorized under section 5

of the Air Pollution Control Act (APCA) (35 P. S. § 4005),

which in subsection (a)(1) grants the Board the authority

to adopt rules and regulations for the prevention, control,

reduction and abatement of air pollution in this Commonwealth, and which in subsection (a)(8) grants the Board

the authority to adopt rules and regulations designed to

implement the provisions of the Clean Air Act (CAA).

D. Background and Purpose

The purpose of this proposed 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 proposed 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 coating to meet Federal

CAA requirements.

The EPA is responsible for establishing National Ambient Air Quality Standards (NAAQS) for six criteria

pollutants considered harmful to public health and the

environment: ozone, particulate matter, NOx, carbon

monoxide, sulfur dioxide and lead. The CAA established

two types of NAAQS: primary standards, limits set to

protect public health; and secondary standards, limits set

to protect public welfare, including protection against

visibility impairment and from damage to animals, crops,

vegetation and buildings. The EPA has established primary and secondary ozone NAAQS to protect public

health and welfare.

When ground-level ozone is present in concentrations in

excess of the Federal health-based 8-hour NAAQS for

ozone, public health and welfare are adversely affected.

Ozone exposure correlates to increased respiratory disease and higher mortality rates. Ozone can inflame and

damage the lining of the lungs. Within a few days, the

damaged cells are shed and replaced. Over a long time

period, lung tissue may become permanently scarred,

resulting in permanent loss of lung function and a lower

quality of life. When ambient ozone levels are high, more

people with asthma have attacks that require a doctor’s

attention or use of medication. Ozone also makes people

more sensitive to allergens including pet dander, pollen

and dust mites, all of which can trigger asthma attacks.

The EPA has concluded that there is an association

between high levels of ambient ozone and increased

hospital admissions for respiratory ailments including

asthma. While children, the elderly and those with

respiratory problems are most at risk, even healthy

individuals may experience increased respiratory ailments and other symptoms when they are exposed to

high levels of ambient ozone while engaged in activities

that involve physical exertion. High levels of ozone also

affect animals in ways similar to humans.

In addition to causing adverse human and animal

health effects, the EPA has concluded that ozone affects

vegetation and ecosystems, leading to reductions in agricultural crop and commercial forest yields by destroying

chlorophyll; reduced growth and survivability of tree

seedlings; and increased plant susceptibility to disease,

pests and other environmental stresses, including harsh

weather. In long-lived species, these effects may become

evident only after several years or even decades and have

the potential for long-term adverse impacts on forest

ecosystems. Ozone damage to the foliage of trees and

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

natural beauty of parks and recreation areas. Through

deposition, ground-level ozone also contributes to pollution in the Chesapeake Bay. The economic value of some

welfare losses due to ozone can be calculated, such as

crop yield loss from both reduced seed production and

visible injury to some leaf crops, including lettuce, spinach and tobacco, as well as visible injury to ornamental

plants, including grass, flowers and shrubs. Other types

of welfare loss may not be quantifiable, such as the

reduced aesthetic value of trees growing in heavily visited

parks.

High levels of ground-level ozone can also cause damage to buildings and synthetic fibers, including nylon, and

reduced visibility on roadways and in natural areas. The

implementation of additional measures to address ozone

air quality nonattainment in this Commonwealth is necessary to protect the public health and welfare, animal

and plant health and welfare and the environment.

In July 1997, the EPA established primary and secondary ozone standards at a level of 0.08 parts per million

(ppm) averaged over 8 hours. See 62 FR 38855 (July 18,

1997). In 2004, the EPA designated 37 counties in this

Commonwealth as 8-hour ozone nonattainment areas for

the 1997 8-hour ozone NAAQS. This Commonwealth is

meeting the 1997 standards in all areas except the

five-county Philadelphia and seven-county PittsburghBeaver Valley areas. The areas in which the 1997 standard has been attained are required to have permanent

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and enforceable control measures to ensure violations do

not occur for the next decade. The Commonwealth must

demonstrate that the two areas currently not attaining

the 1997 standard will meet the 1997 standard as

expeditiously as practicable. Should these two areas not

attain the standard during the 2009 ozone season, additional reductions will be required.

In March 2008, the EPA lowered the standards to 0.075

ppm averaged over 8 hours to provide even greater

protection for children, other at-risk populations and the

environment against the array of ozone-induced adverse

health and welfare effects. See 73 FR 16436 (March 27,

2008). As required by the CAA, the Commonwealth

submitted recommendations to the EPA in 2009 to designate 29 counties as nonattainment for the 2008 8-hour

ozone NAAQS. The EPA is expected to take final action

on the designation recommendation by March 2010. The

EPA’s designations will take effect 60 days after the EPA

publishes a notice in the Federal Register. Monitors in

most urban areas and some rural areas of this Commonwealth are currently not meeting the 2008 ozone standard.

There are no Federal statutory or regulatory limits for

VOC emissions from 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 provides that State Implementation Plans (SIPs) for nonattainment areas must

include ‘‘reasonably available control measures,’’ including

RACT, for sources of emissions. 42 U.S.C.A. § 7502(c)(1).

Section 182(b)(2) of the CAA provides that for moderate

ozone nonattainment areas, states must revise their SIPs

to include RACT for sources of VOC emission covered by

a CTG document issued by the EPA prior to the area’s

date of attainment. 42 U.S.C.A. § 7511a(b)(2). More importantly, section 184(b)(1)(B) of the CAA requires that

states in the Ozone Transport Region, including this

Commonwealth, submit a SIP revision requiring implementation of RACT for all sources of VOC emissions in

the state covered by a specific CTG. 42 U.S.C.A.

§ 7511c(b)(1)(B).

Section 183(e) of the CAA directs the EPA to list for

regulation those categories of products that account for at

least 80% of the VOC emissions from consumer and

commercial products in ozone nonattainment areas. 42

U.S.C.A. § 7511b(e). 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 where the

EPA determines that the CTG will be ‘‘substantially as

effective as regulations’’ in reducing emissions of VOC in

ozone nonattainment areas. 42 U.S.C.A. § 7511b(e)(3)(C).

In 1995, the EPA listed paper, film and foil coatings on

its section 183(e) list 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 National regulations in reducing VOC emissions from this product category in ozone nonattainment

areas. See 72 FR at p. 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 has 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 has

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 rulemaking, if adopted as a final rule, would assist

in reducing VOC emissions locally as well as reducing the

transport of VOC emissions and ground-level ozone to

downwind states. Adoption of VOC emission requirements

for 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 proposed rulemaking is required under the CAA

requirements that states regulate sources covered by

CTGs issued by the EPA and is reasonably necessary to

attain and maintain the health-based 8-hour ozone

NAAQS in this Commonwealth. When final, this rulemaking will be submitted to the EPA as a revision to the

SIP.

The concepts of the proposed rulemaking were discussed with the Air Quality Technical Advisory Committee (AQTAC) at its October 30 and December 11, 2008,

meetings. The proposed rulemaking was discussed with

the AQTAC on May 28, 2009. The AQTAC concurred with

the Department’s recommendation to present the proposed amendments to the Board for approval for publication as a proposed rulemaking. One AQTAC member

commented that the equation in proposed § 129.52b

(c)(1)(ii) for calculating the VOC content of a dip coating

was missing the coating density factor in the denominator. This correction was made to the proposed equation.

The Department also consulted with the Citizens Advisory Council on July 21, 2009, and with the Small

Business Compliance Advisory Committee on October 22,

2008, and April 22 and July 22, 2009.

E. Summary of Regulatory Requirements

This proposed rulemaking adds the term and definition

of ‘‘coating line’’ to § 121.1. This proposed rulemaking

also amends the definition of the term ‘‘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 in Chapter 129 and also in this

rulemaking.

The proposed rulemaking would amend § 129.51(a) to

extend its coverage to paper, film and foil surface coating

processes covered by this proposed rulemaking, as well as

to large appliance and metal furniture surface coating

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processes and flat wood paneling surface coating processes, which are covered in parallel rulemakings. Section

129.51(a) provides an alternative method for owners and

operators of facilities to achieve compliance with air

emission limits.

The proposed rulemaking would amend § 129.52 by

adding subparagraph (i). Section 129.52 specifies requirements and emission limits for various surface coating

processes. The amendment in this proposed rulemaking

would clarify in new subparagraph (i) that the requirements and limits already specified in § 129.52 for metal

furniture coatings, large appliance coatings and paper

coatings are superseded by the requirements and limits

that will be adopted in this proposed rulemaking and in

the proposed rulemaking for large appliance and metal

furniture coating processes.

The proposed rulemaking would add § 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 tpy of VOC

from coatings, prior to controls. This is more stringent

than the current applicability threshold in § 129.52, and

is consistent with the recommended applicability threshold in the CTG.

Proposed subsection (a) specifies that the emission

limits and other requirements of § 129.52b supersede the

emission limits and other requirements of § 129.52.

Proposed subsection (a) also establishes that the work

practice requirements specified in subsection (h) for cleaning materials, and the related compliance monitoring and

recordkeeping and reporting requirements specified in

subsections (d)(3) and (4) 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, but is

consistent with the CTG.

Proposed 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.

Proposed subsection (c) establishes VOC emission limits. Beginning January 1, 2011, a person may not cause or

permit the emission into the outdoor atmosphere of VOCs

from a paper, film or foil surface coating process, unless:

(1) the VOC content of each as applied coating is equal to

or less than the limit specified in Table I (relating to

emission limits of VOCs for paper, film and foil surface

coatings) in § 129.52b; or (2) the overall weight of VOCs

emitted to the atmosphere is reduced through the use of

vapor recovery, incineration or another method that is

acceptable under § 129.51(a). The second option also

addresses the overall efficiency of a control system.

Proposed subsection (d) identifies daily records that

must be kept to demonstrate compliance with § 129.52b.

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 at least 25 tpy of VOC

from coatings, prior to controls, must 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.

Proposed subsection (e) requires that the records be

maintained for 2 years and submitted to the Department

on request.

Under proposed 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 listed in subsection (f), and is approved in

writing by the Department prior to use.

Proposed subsection (g) exempts from the VOC coating

content limits in Table I of proposed § 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.

Proposed subsection (h) establishes work practices that

an owner or operator of a paper, film or foil surface

coating process subject to the cleaning material-related

requirements of § 129.52b must comply with, for the use

or application of, cleaning materials.

Proposed Table I establishes emission limits for VOCs

for paper, film and foil surface coatings, expressed in

weight of VOC per weight of coating solids, as applied.

F. Benefits, Costs and Compliance

Benefits

Implementation of the proposed control measure would

benefit the health and welfare of the approximately 12

million humans, animals, crops, vegetation and natural

areas of this Commonwealth by reducing emissions of

VOCs, which are precursors to ground-level ozone air

pollution. Although the proposed amendments are designed primarily to address ozone air quality, the reformulation or substitution of coating products to meet the

VOC content limits applicable to users may also result in

reduction of hazardous air pollutant (HAP) emissions,

which are also a serious health threat.

The proposed rulemaking provides as one compliance

option that coatings used on or applied to paper, film and

foil products manufactured in this Commonwealth meet

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tution of low VOC-content solvents or water for the high

VOC-content solvents. The reduced levels of high VOCcontent solvents would 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.

In this Commonwealth, approximately 15 paper, film

and foil coating operations combine to emit an estimated

total of 458 tons of VOCs per year.

The EPA estimates that implementation of the recommended control options for paper, film or foil surface

coating 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 coating facilities as a result of this rulemaking is approximately 215 tons (458 tons × 47%).

Compliance Costs

The costs of complying with the proposed new requirements 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 coating CTG,

the cost effectiveness of reducing VOC emissions from

paper, film or foil surface coating operations is estimated

to be $1,200 per year 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

total annual cost for the owners or operators of the

affected noncomplying paper, film or foil surface coating

facilities in this Commonwealth, combined, is $258,000

(215 tons VOC reduced per year x $1,200 per year per ton

reduced). Based on total VOC emissions reported to the

Department for the 2008 calendar year, the annual

compliance costs for each affected noncomplying facility

will range from an estimated $2,312 to an estimated

$88,548, depending on actual VOC emissions.

The potential total annual costs to the regulated industry of $258,000 for paper, film or foil surface coating

operations are negligible compared to the improved

health and environmental benefits that would be gained

from this proposed 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

revised requirements and how to comply with them. This

will be accomplished through the Department’s ongoing

compliance assistance program.

Paperwork Requirements

The owners and operators of affected paper, film or foil

surface coating operations would be required to keep

daily operational records of information for coatings and

cleaning solvents sufficient to demonstrate compliance,

including identification of materials, VOC content and

volumes used. The records must be maintained for 2

years and submitted to the Department upon request.

Persons claiming the small quantity exemption or use of

exempt coating would be required to keep records demonstrating the validity of the exemption. Persons seeking to

comply through the use of add-on controls would be

required to meet the applicable reporting requirements

specified in Chapter 139 (relating to sampling and testing).

G. Pollution Prevention

The Pollution Prevention Act of 1990 (42 U.S.C.A.

§§ 13101—13109) established a National policy that promotes pollution prevention as the preferred means for

achieving state environmental protection goals. The Department encourages pollution prevention, which is the

reduction or elimination of pollution at its source, through

the substitution of environmentally friendly materials,

more efficient use of raw materials, and the incorporation

of energy efficiency strategies. Pollution prevention practices can provide greater environmental protection with

greater efficiency because they can result in significant

cost savings to facilities that permanently achieve or

move beyond compliance. This regulation has incorporated the following pollution prevention incentives:

The proposed amendments will assure that the citizens

and the environment of this Commonwealth experience

the benefits of reduced emissions of VOCs and HAPs from

paper, film and foil surface coating processes. Although

the proposed amendments are designed primarily to

address ozone air quality, the reformulation or substitution of coating products to meet the VOC content limits

applicable to users may also result in reduction of HAP

emissions, which are also a serious health threat. The

proposed rulemaking provides as one compliance option

that 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 would 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.

H. Sunset Review

These regulations will be reviewed in accordance with

the sunset review schedule published by the Department

to determine whether the regulations effectively fulfill the

goals for which they were intended.

I. Regulatory Review

Under section 5(a) of the Regulatory Review Act (71

P. S. § 745.5(a)), on October 28, 2009, the Department

submitted a copy of these proposed amendments to the

Independent Regulatory Review Commission (IRRC) and

the House and Senate Environmental Resources and

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

provided IRRC and the Committees with a copy of a

detailed Regulatory Analysis Form prepared by the Department. A copy of this material is available to the

public upon request.

Under section 5(g) of the Regulatory Review Act, IRRC

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

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close of the public comment period. The comments, recommendations or objections shall specify the regulatory

review criteria that have not been met. The Regulatory

Review Act specifies detailed procedures for review of

these issues by the Department, the General Assembly

and the Governor prior to final-form publication of the

regulations.

J. Public Comments

Written Comments—Interested persons are invited to

submit comments, suggestions or objections regarding the

proposed rulemaking to the Environmental Quality

Board, P. O. Box 8477, Harrisburg, PA 17105-8477 (express mail: Rachel Carson State Office Building, 16th

Floor, 400 Market Street, Harrisburg, PA 17101-2301).

Comments submitted by facsimile will not be accepted.

Comments, suggestions or objections must be received by

the Board by January 13, 2010. Interested persons may

also submit a summary of their comments to the Board.

The summary may not exceed one page in length and

must also be received by the Board by January 13, 2010.

The one-page summary will be provided to each member

of the Board in the agenda packet distributed prior to the

meeting at which the final-form regulation will be considered.

Electronic Comments—Comments may be submitted

electronically to the Board at RegComments@state.pa.us

and must also be received by the Board by January 13,

2010. A subject heading of the proposal and a return

name and address must be included in each transmission.

If an acknowledgement of electronic comments is not

received by the sender within 2 working days, the

comments should be retransmitted to the Board to ensure

receipt.

K. Public Hearings

The Board will hold public hearings in Harrisburg,

Norristown and Pittsburgh for the purpose of accepting

comments on this proposed rulemaking. The hearings will

be held as follows:

Department of

Environmental Protection

Southwest Regional Office

Waterfront Conference

Rooms A and B

400 Waterfront Drive

Pittsburgh, PA 15222-4745

December 9, 2009

1 p.m.

Department of

Environmental Protection

Rachel Carson State Office

Building

Conference Room 105

400 Market Street

Harrisburg, PA 17105

December 11, 2009

1 p.m.

Department of

Environmental Protection

Southeast Regional Office

Delaware Conference Room

2 East Main Street

Norristown, PA 19401

December 14, 2009

1 p.m.

Persons wishing to present testimony at a hearing are

requested to contact the Environmental Quality Board,

P. O. Box 8477, Harrisburg, PA 17105-8477, (717) 787-

4526, at least 1 week in advance of the hearing to reserve

a time to present testimony. Oral testimony is limited to

10 minutes for each witness. Witnesses are requested to

submit three written copies of their oral testimony to the

hearing Chairperson at the hearing. Organizations are

limited to designating one witness to present testimony

on their behalf at each hearing.

Persons in need of accommodations as provided for in

the Americans With Disabilities Act of 1990 should

contact the Board at (717) 787-4526, or through the

Pennsylvania AT&T Relay Service at (800) 654-5984

(TDD users), or (800) 654-5988 (voice users) to discuss

how the Board may accommodate their needs.

JOHN HANGER,

Chairperson

Fiscal Note: 7-448. No fiscal impact; (8) recommends

adoption.

Annex A

TITLE 25. ENVIRONMENTAL PROTECTION

PART I. DEPARTMENT OF ENVIRONMENTAL

PROTECTION

SUBPART C. PROTECTION OF NATURAL

RESOURCES

ARTICLE III. AIR RESOURCES

CHAPTER 121. GENERAL PROVISIONS

§ 121.1. Definitions.

The definitions in section 3 of the act (35 P. S. § 4003)

apply to this article. In addition, the following words and

terms, when used in this article, have the following

meanings, unless the context clearly indicates otherwise:

*****

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 uniform layer to

paper and pressure-sensitive tapes regardless of substrate. The term includes related web coating processes

on plastic films and decorative coatings on metal foil. The

term does not include coatings applied in whole or in part

as nonuniform layers such as patterns, designs or print.

*****

CHAPTER 129. STANDARDS FOR SOURCES

SOURCES OF VOCs

§ 129.51. General.

(a) Equivalency. Compliance with §§ 129.52, 129.52a

(Editor’s Note: The Department will propose to add

§ 129.52a at a later date.), 129.52b, 129.52c (Editor’s

Note: The Department proposed to add § 129.52c at 39

Pa.B. 6061, 6067 (October 17, 2009).) and 129.54—129.73

may be achieved by alternative methods if the following

exist:

*****

(3) Compliance by a method other than the use of a low

VOC coating or ink which meets the applicable emission

limitation in §§ 129.52, 129.52a, 129.52b, 129.52c,

129.67 and 129.73 [ (relating to surface coating processes; graphic arts systems; and aerospace manufacturing and rework) ] shall be determined on the

basis of equal volumes of solids.

*****

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(6) The alternative compliance method is incorporated

into a plan approval or operating permit, or both, reviewed by the EPA, including the use of an air cleaning

device to comply with § 129.52, § 129.52a, § 129.52b,

§ 129.52c, § 129.67, § 129.68(b)(2) and (c)(2) or § 129.73.

*****

§ 129.52. Surface coating processes.

*****

(i) Beginning January 1, 2011, the requirements

and limits for metal furniture coatings, large appliance coatings and paper coatings are superseded

by the requirements and limits in §§ 129.52a and

129.52b (relating to control of VOC emissions from

large appliance and metal furniture surface coating

processes; and control of VOC emissions from paper, film and foil surface coating processes), respectively.

*****

[Editor’s Note: Section 129.52b is new and printed in

regular type to enhance readability.]

§ 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 both of

the following:

(1) The 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 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 work practice requirements for cleaning materials found in subsection (h), and the related compliance

monitoring and recordkeeping and reporting requirements

of subsections (d)(3) and (4) 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, 2011, 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, 2011, a

person subject to subsection (a)(1) 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.

(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 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 × Dci x Qi) + J (WoJ × DdJ × QJ) VOCA = i (Wni × Dci × 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

(iii) Sampling and testing shall be done in accordance

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

(2) The overall weight of VOCs emitted to the atmosphere is reduced through the use of 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) × 100

Where:

V = The VOC content of the as applied coating, in lb

VOC/lb of coating solids.

E = The Table I limit in lb VOC /lb 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:

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(1) The owner or operator of a facility subject to

subsection (a)(1) 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) The owner or operator of a facility subject to

subsection (a)(1) shall maintain daily records of the VOC

content of each as applied coating or cleaning solvent.

(3) The owner or operator of a facility subject to

subsection (a)(2) shall maintain daily records of the

following parameters for each cleaning solvent, as supplied:

(i) Name and identification number of the cleaning

solvent.

(ii) Volume used.

(iii) Weight percent of total volatiles, water and exempt

solvents.

(iv) VOC content.

(4) The owner or operator of a facility subject to

subsection (a)(2) shall maintain daily records of the VOC

content of each as applied cleaning solvent.

(e) Recordkeeping and reporting requirements. The

records required under subsection (d) shall be maintained

for 2 years and submitted to the Department on 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

Table I do not apply to a coating used exclusively for

determining product quality and commercial acceptance

and other small quantity coatings, if the coating meets

the following criteria:

(1) The quantity of coating used does not exceed 50

gallons per year for a single coating and a total of 200

gallons per year for all coatings combined for the facility.

(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)(2) 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

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

[Pa.B. Doc. No. 09-2064. Filed for public inspection November 6, 2009, 9:00 a.m.]

[ 25 PA. CODE CH. 95 ]

Wastewater Treatment Requirements

The Environmental Quality Board (Board) proposes to

amend 25 Pa. Code Chapter 95 (relating to Wastewater

Treatment Requirements). The proposed amendments include the elimination of a redundant provision, the

recognition of applicable TMDL requirements, and the

establishment of new effluent standards for new sources

of wastewaters containing high Total Dissolved Solids

(TDS) concentrations.

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