RULES AND REGULATIONS

Title 25—ENVIRONMENTAL

PROTECTION

ENVIRONMENTAL QUALITY BOARD

[ 25 PA. CODE CH. 129 ]

Large Appliance and Metal Furniture Surface Coating Processes

The Environmental Quality Board (Board) amends

Chapter 129 (relating to standards for sources) to read as

set forth in Annex A.

The final-form rulemaking amends Chapter 129 to limit

emissions of volatile organic compounds (VOCs) from the

use and application of coatings and cleaning materials in

large appliance and metal furniture surface coating processes. The final-form rulemaking adds § 129.52a (relating to control of VOC emissions from large appliance and

metal furniture surface coating processes) and amends

§§ 129.51 and 129.52 (relating to general; and surface

coating processes).

This order was adopted by the Board at its meeting on

June 15, 2010.

A. Effective Date

This final-form 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. 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 final-form rulemaking

is available electronically through the Department of

Environmental Protection’s (Department) web site at

www.depweb.state.pa.us (DEP Keyword: Public Participation).

C. Statutory Authority

This final-form 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 in subsection (a)(8) grants the

Board the authority to adopt rules and regulations designed to implement the Clean Air Act (CAA) (42 U.S.C.A.

§§ 7401—7671q).

D. Background and Purpose

The purpose of this final-form rulemaking is to reduce

VOC emissions from large appliance and metal furniture

surface coating operations. VOCs are a precursor for

ozone formation. Ground-level ozone is not emitted directly by surface coatings to the atmosphere, but is

formed by a photochemical reaction between VOCs and

nitrogen oxides (NOx) in the presence of sunlight. The

final-form rulemaking adopts the emission limits and

other requirements of the United States Environmental

Protection Agency’s (EPA) 2007 Control Techniques

Guidelines (CTG) for large appliance coatings and metal

furniture coatings to meet Federal CAA requirements.

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

pollutants considered harmful to public health and the

environment: ozone; particulate matter; NOx; carbon

monoxide; sulfur dioxide; and lead. The CAA established

two types of NAAQS: primary standards, limits set to

protect public health; and secondary standards, limits set

to protect public welfare, including protection against

visibility impairment and from damage to animals, crops,

vegetation and buildings. The EPA established primary

and secondary ozone NAAQS to protect public health and

welfare.

When ground-level ozone is present in concentrations in

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

ozone, public health and welfare are adversely affected.

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

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

damaged cells are shed and replaced. Over a long time

period, lung tissue may become permanently scarred,

resulting in permanent loss of lung function and a lower

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

people with asthma have attacks that require a doctor’s

attention or use of medication. Ozone also makes people

more sensitive to allergens including pet dander, pollen

and dust mites, which can trigger asthma attacks.

The EPA concluded that there is an association between

high levels of ambient ozone and increased hospital

admissions for respiratory ailments including asthma.

While children, the elderly and those with respiratory

problems are most at risk, even healthy individuals may

experience increased respiratory ailments and other

symptoms when they are exposed to high levels of

ambient ozone while engaged in activities that involve

physical exertion. High levels of ozone also affect animals

in ways similar to humans.

In addition to causing adverse human and animal

health effects, the EPA concluded that ozone affects

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

chlorophyll; reduced growth and survivability of tree

seedlings; and increased plant susceptibility to disease,

pests and other environmental stresses, including harsh

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

evident only after several years or even decades and have

the potential for long-term adverse impacts on forest

ecosystems. Ozone damage to the foliage of trees and

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

natural beauty of parks and recreation areas. Through

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

welfare losses due to ozone can be calculated, such as

crop yield loss from both reduced seed production and

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

plants, including grass, flowers and shrubs. Other types

of welfare loss may not be quantifiable, such as the

reduced aesthetic value of trees growing in heavily visited

parks.

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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 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. See 69 FR 23858, 23931 (April 30,

2004). This Commonwealth is meeting the 1997 standard

in all areas except the five-county Philadelphia area. The

areas in which the 1997 standard has been attained are

required to have permanent and enforceable control measures to ensure violations do not occur for the next

decade.

Furthermore, in March 2008, the EPA lowered the

primary and secondary 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). The

EPA is reconsidering the March 2008 ozone NAAQS and

proposed at 75 FR 2938 (January 19, 2010) to set a more

protective 8-hour ozone primary standard between 0.060

and 0.070 ppm to provide increased protection for children and other at-risk groups. The EPA also proposed

that the secondary ozone standard, which was set identically to the revised primary standard in the 2008 final

rule, should instead be a new cumulative, seasonal

standard. See 75 FR 2938. This seasonal standard is

designed to protect plants and trees from damage occurring from repeated ozone exposure, which can reduce tree

growth, damage leaves and increase susceptibility to

disease. The final revised ozone NAAQS are expected in

October 2010.

There are no Federal statutory or regulatory limits for

VOC emissions from large appliance and metal furniture

surface coating operations. State regulations to control

VOC emissions from large appliance and metal furniture

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. See 72 FR 57215, 57218 (October 9,

2007).

Section 172(c)(1) of the CAA (42 U.S.C.A. § 7502(c)(1))

provides that State Implementation Plans (SIPs) for

nonattainment areas must include reasonably available

control measures, including RACT, for sources of emissions. Section 182(b)(2) of the CAA (42 U.S.C.A.

§ 7511a(b)(2)) provides that for moderate ozone nonattainment areas, states shall revise their SIPs to include

RACT for sources of VOC emissions covered by a CTG

document issued by the EPA prior to the area’s date of

attainment. More importantly, section 184(b)(1)(B) of the

CAA (42 U.S.C.A. § 7511a(b)(1)(B)) requires that states in

the Ozone Transport Region (OTR), including the Commonwealth, submit a SIP revision requiring implementation of RACT for sources of VOC emissions in the state

covered by a specific CTG.

Section 183(e) of the CAA (42 U.S.C.A. § 7511b(e))

directs the EPA to list for regulation those categories of

products that account for at least 80% of the VOC

emissions from consumer and commercial products in

ozone nonattainment areas. Section 183(e)(3)(C) of the

CAA further provides that the EPA may issue a CTG in

place of a National regulation for a product category

when the EPA determines that the CTG will be ‘‘substantially as effective as regulations’’ in reducing emissions of

VOC in ozone nonattainment areas.

In 1995, the EPA listed large appliance coatings and

metal furniture coatings on its § 183(e) list and in 2007

issued CTGs for these two product categories. See 60 FR

15264 (March 23, 1995) and 72 FR 57215. In the 2007

notice, the EPA determined that the CTGs would be

substantially as effective as National regulations in reducing VOC emissions from these product categories in

ozone nonattainment areas. See 72 FR 57215, 57220.

The CTG provides states with the EPA’s recommendation of what constitutes RACT for the covered category.

States can use the recommendations provided in the CTG

to inform their own determination as to what constitutes

RACT for VOC emissions from the covered category. State

air pollution control agencies are free to implement other

technically sound approaches that are consistent with the

CAA requirements and the EPA’s implementing regulations or guidelines.

The Department reviewed the recommendations included in the 2007 CTGs for large appliance and metal

furniture coatings for their applicability to the ozone

reduction measures necessary for this Commonwealth.

The Department determined that the measures provided

in the CTGs for large appliance and metal furniture

coatings are appropriate to be implemented in this Commonwealth as RACT for this category.

This final-form rulemaking will assist in reducing VOC

emissions locally as well as reducing the transport of

VOC emissions and ground-level ozone to downwind

states. Adoption of VOC emission requirements for large

appliance and metal furniture surface coating operations

is part of the Commonwealth’s strategy, in concert with

other OTR jurisdictions, to further reduce transport of

VOC ozone precursors and ground-level ozone throughout

the OTR to attain and maintain the 8-hour ozone

NAAQS. The final-form rulemaking is required under the

CAA and is reasonably necessary to attain and maintain

the health-based 8-hour ozone NAAQS and to satisfy

related CAA requirements in this Commonwealth. This

final-form rulemaking will be submitted to the EPA as a

revision to the SIP.

The final-form rulemaking was discussed with the Air

Quality Technical Advisory Committee (AQTAC) on April

29, 2010. The AQTAC voted 13-0-1 to concur with the

Department’s recommendation to present the final-form

amendments to the Board for approval for publication as

a final-form rulemaking. The Department also consulted

with the Small Business Compliance Advisory Committee

(SBCAC) on April 28, 2010, and the Citizens Advisory

Council (CAC) on May 6, 2010. The SBCAC and CAC did

not have concerns.

E. Summary of Regulatory Requirements and Changes to

the Proposed Rulemaking

The final-form rulemaking amends § 129.51(a) to extend its coverage to large appliance and metal furniture

surface coating processes covered by this final-form rulemaking. Section 129.51(a) provides an alternative method

for owners and operators of facilities to achieve compliance with air emission limits.

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The final-form rulemaking amends § 129.52 by adding

subsection (i). Section 129.52 specifies requirements and

emission limits for various surface coating processes. The

amendment in this final-form rulemaking clarifies in

subsection (i) that the requirements and limits already

specified in § 129.52 for metal furniture coatings and

large appliance coatings are superseded by the requirements and limits that will be adopted in this final-form

rulemaking.

One emission limit is expressed in § 129.52 for large

appliance coatings and one emission limit is expressed for

metal furniture coatings, whereas in the CTGs separate

emission limits are expressed for eight different coating

types within each of these two categories. Several of the

limits in the CTGs are more stringent and several are

less stringent than the existing limits expressed in

§ 129.52. As is explained in the following discussion

regarding § 129.52a, Tables I and II (relating to emission

limits of VOCs for large appliance surface coatings; and

emission limits of VOCs for metal furniture surface

coatings), the more stringent limits are retained in this

final-form rulemaking.

The final-form rulemaking adds § 129.52a to regulate

VOC emissions from large appliance and metal furniture

surface coating processes. The applicability of this new

section is described in subsection (a), which establishes

that § 129.52a applies to the owner and operator of a

large appliance or metal furniture surface coating process

if the total actual VOC emissions from large appliance or

metal furniture 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. The emission limits and other

requirements of this section supersede the emission limits

and other requirements of § 129.52. 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 CTGs.

Final-form subsection (b) explains that § 129.52a supersedes the requirements of a RACT permit for VOC

emissions from a large appliance or metal furniture

surface coating operation already issued to the owner or

operator of a source subject to § 129.52a, except to the

extent the RACT permit contains more stringent requirements.

Final-form 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 large appliance or metal furniture surface

coating process, unless: the VOC content of each as

applied coating is equal to or less than the limit specified

in one of the two tables in § 129.52a; or the overall

weight of VOCs emitted to the atmosphere is reduced

through the use of vapor recovery, incineration or another

method that is acceptable under § 129.51(a). The second

option also addresses the overall efficiency of a control

system.

Final-form subsection (d) identifies daily records that

shall be kept to demonstrate compliance with § 129.52a,

including records of 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.

Final-form subsection (e) contains a change to the

recordkeeping and reporting requirements proposed in

§ 129.52a(e). The proposed rulemaking required that

records be maintained for 2 years. The final-form provision requires that records be maintained for 2 years

unless a longer period is required under § 127.511(b)(2)

(relating to monitoring and related recordkeeping and

reporting requirements). Additionally, § 129.52a(e) has

been amended to clarify that records shall be submitted

to the Department upon receipt of a written request.

Under final-form subsection (f), an owner or operator

subject to § 129.52a may not cause or permit the emission into the outdoor atmosphere of VOCs from the

application of large appliance or metal furniture surface

coatings, unless the coatings are applied using electrostatic coating, roller coating, flow coating, dip coating

(including electrodeposition), high volume-low pressure

spray or brush coating. An owner or operator may use

another coating application method if a request is submitted in writing to the Department that demonstrates that

the method is capable of achieving a transfer efficiency

equivalent to or better than that achieved by the other

methods in subsection (f) and is approved in writing by

the Department prior to use.

Final-form subsection (g) exempts stencil coatings,

safety-indicating coatings, solid-film lubricants, electricinsulating coatings, thermal-conducting coatings,

touch-up and repair coatings and coating applications

using hand-held aerosol cans from the VOC coating

content limits in § 129.52a, Tables I and II. Subsection

(g) also exempts a coating used exclusively for determining product quality and commercial acceptance and other

small quantity coatings if the quantity of coating used

does not exceed 50 gallons per year for a single coating

and a total of 200 gallons per year for all coatings

combined for the facility and if the owner or operator of

the facility requests, in writing, and the Department

approves, in writing, the exemption prior to use of the

coating.

Final-form subsection (h) establishes work practices

that an owner or operator of a large appliance or metal

furniture surface coating process subject to § 129.52a

shall comply with for coating-related activities.

Final-form subsection (i) establishes work practices that

an owner or operator of a large appliance or metal

furniture surface coating process subject to § 129.52a

shall comply with for cleaning materials.

Final-form Table I establishes emission limits for VOCs

for eight types of large appliance surface coatings, expressed in weight of VOC per volume of coating solids

(kilograms per liter (kg/l) or pounds per gallon (lb/gal)), as

applied. Limits are prescribed for coatings that are baked

and coatings that are air dried. The emission limits for

the following coating types are taken from the large

appliance coatings CTG: Baked (kg/l and lb/gal)—

‘‘General, One Component’’ and ‘‘General, MultiComponent’’; Air Dried (kg/l)—‘‘General, One Component’’;

and Air Dried (lb/gal)—‘‘General, One Component,’’ ‘‘General, Multi-Component’’ and ‘‘Extreme High Gloss.’’ The

emission limits for Air Dried (kg/l)—‘‘General, MultiComponent’’ and ‘‘Extreme High Gloss’’ are taken from

both the CTG and the emission limit for large appliance

coatings in § 129.52, as they are the same in both places.

The remaining emission limits are taken from § 129.52

because the limit in § 129.52 is more stringent than the

recommended limits in the CTG. Whenever the limit in

§ 129.52 is the same as or more stringent than the

recommended limit in the CTG, the limit in § 129.52 is

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retained due to the CAA prohibition against backsliding

from existing emission control requirements.

Final-form Table II establishes emission limits for

VOCs for eight types of metal furniture surface coatings,

expressed in weight of VOC per volume of coating solids

(kg/l or lb/gal), as applied. Limits are prescribed for

coatings that are baked and coatings that are air dried.

The emission limits from the following coating types are

taken from the metal furniture CTG: Baked (kg/l and

lb/gal)—‘‘General, One Component’’ and ‘‘General, MultiComponent’’; and Air Dried (kg/l and lb/gal)—‘‘General,

One Component,’’ ‘‘General, Multi-Component’’ and ‘‘Extreme High Gloss.’’ The emission limits for Baked (kg/l)—

‘‘Extreme High Gloss,’’ ‘‘Extreme Performance,’’ ‘‘Heat

Resistant’’ and ‘‘Solar Absorbent’’ are taken from both the

CTG and the emission limit for metal furniture coatings

in § 129.52, as they are the same in both places. The

remaining emission limits are taken from § 129.52 because the limit in § 129.52 is more stringent than the

recommended limits in the CTG. Whenever the limit in

§ 129.52 is the same as or more stringent than the

recommended limit in the CTG, the limit in § 129.52 is

retained due to the CAA prohibition against backsliding

from existing emission control requirements.

The tables in the final-form rulemaking include several

amendments to emission limits made for the purpose of

providing consistency in the number of significant digits.

Specifically, the emission limit of 3.3 lb/gal in the ‘‘Baked’’

columns for ‘‘General, One Component’’ and ‘‘General,

Multi-Component,’’ and in the ‘‘Air Dried’’ columns for

‘‘General, One Component’’ coatings has been revised to

3.34 lb/gal. The proposed emission limit of 4.5 lb/gal in

the ‘‘Air Dried’’ columns for ‘‘General, Multi-Component’’

and ‘‘Extreme High Gloss’’ coatings has been revised at

final to 4.62 lb/gal. The 4.62 lb/gal emission limit is being

used to provide consistency with the limit in § 129.52 in

addition to providing for consistency in the number of

significant digits. Despite the fact that 4.62 is a higher

emission limit than the limit of 4.5 recommended in the

CTGs, the emission reduction that will be achieved is

equivalent. The difference between these two numbers is

due to different but equally acceptable methodologies

being used for rounding during the conversion from

metric units to English units. The reductions achieved

with the emission limit of 4.62 lb/gal for the ‘‘General,

Multi-Component’’ and ‘‘Extreme High Gloss’’ coatings are

equivalent to those that would be achieved by using the

number recommended in the CTGs.

F. Comments and Responses

The Board approved publication of the proposed rulemaking at its meeting on November 17, 2009. The

proposed rulemaking was published at 40 Pa.B. 420

(January 16, 2010) with a 66-day public comment period.

Three public hearings were held on February 16, 17 and

18, 2010, in Pittsburgh, Harrisburg and Norristown, PA,

respectively. The public comment period closed on March

22, 2010.

No public comments were received by the Board.

The Independent Regulatory Review Commission

(IRRC) commented that proposed § 129.52a(d), which

required the owners and operators of the regulated

surface coating processes to maintain certain records, is

unclear. IRRC requested that the Board clarify the format

in which these records must be maintained. The Board

respectfully disagrees that subsection (d) was unclear.

Requiring regulated facilities to maintain records is a

standard requirement in many Board-approved regulations, including § 129.52(g), for instance. Neither the

Department nor the regulated sources have had difficulty

understanding or complying with this requirement.

IRRC commented that proposed § 129.52a(e), which

required that records required under § 129.52a(d) be

submitted to the Department ‘‘upon request,’’ is unclear

as to whether this request will be made orally or in

writing. The Board agrees and revised the final-form

rulemaking to specify that the records shall be submitted

to the Department upon receipt of a written request.

G. Benefits, Costs and Compliance

Benefits

Implementation of the final-form rulemaking will benefit the health and welfare of the approximately 12

million residents and the animals, crops, vegetation and

natural areas of this Commonwealth by reducing emissions of VOCs, which are precursors to ground-level ozone

air pollution. Although the final-form rulemaking is designed primarily to address ozone air quality, the reformulation or substitution of coating products to meet the

VOC content limits applicable to users may also result in

reduction of hazardous air pollutant (HAP) emissions,

which are also a serious health threat.

The final-form rulemaking provides as one compliance

option that coatings used on or applied to large appliance

or metal furniture 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 VOC-content solvents will also benefit

water quality through reduced loading on water treatment plants and in reduced quantities of high VOCcontent solvents leaching into the ground. Owners and

operators of affected large appliance and metal furniture

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 4 large appliance surface coating operations combine to emit an

estimated total of 18.2 tons of VOCs per year and about

16 metal furniture surface coating operations combine to

emit an estimated total of 50.33 tons of VOCs per year.

The EPA estimates that implementation of the recommended control options for large appliance coatings processes will result in approximately a 30% reduction in

VOC emissions. The maximum anticipated additional

annual VOC reductions from the large appliance surface

coating facilities as a result of this final-form rulemaking

is approximately 5.5 tons (18.2 tons × 30%).

The EPA estimates that implementation of the recommended control options for metal furniture coatings processes will result in approximately a 35% reduction in

VOC emissions. The maximum anticipated additional

annual VOC reductions from the metal furniture surface

coating facilities as a result of this final-form rulemaking

is approximately 17.6 tons (50.33 tons × 35%).

Compliance Costs

The costs of complying with the final-form rulemaking

include the cost of using alternative product formulations,

such as low-VOC or water-based coatings, and the cost of

using add-on controls. The facility owner or operator will

be given the flexibility to choose controls. Based on

information provided by the EPA in the large appliance

coating CTG, the cost effectiveness of reducing VOC

emissions from large appliance surface coating operations

is estimated to be $500 per ton of VOC reduced. This

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estimate is based on the use of low VOC-content coatings

for control. The estimated annual costs for the owners or

operators of the affected large appliance surface coating

facilities in this Commonwealth, combined, is $2,750 (5.5

tons VOC reduced × $500 per ton reduced).

Similarly, based on information provided by the EPA in

the metal furniture coating CTG, the cost effectiveness of

reducing VOC emissions from metal furniture surface

coating operations is estimated to be $200 per ton of VOC

reduced. This estimate is based on the use of low

VOC-content coatings for control. The estimated annual

costs for the owners or operators of the affected metal

furniture coating facilities in this Commonwealth, combined, is $3,520 (17.6 tons VOC reduced × $200 per ton

reduced).

The potential total annual costs to the regulated industry of $2,750 for large appliance surface coating operations and $3,520 for metal furniture surface coating

operations are negligible compared to the improved

health and environmental benefits that will be gained

from this final-form rulemaking.

The implementation of the work practice requirements

for cleaning materials is expected to result in a net cost

savings. The recommended work practices should reduce

the amount of cleaning materials used by reducing the

amount of cleaning materials lost to evaporation, spillage

and waste.

Compliance Assistance Plan

The Department plans to educate and assist the public

and regulated community in understanding the 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 large appliance or

metal furniture surface coating operations shall 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 shall be required to keep records

demonstrating the validity of the exemption. Persons

seeking to comply through the use of add-on controls

shall be required to meet the applicable reporting requirements specified in Chapter 139 (relating to sampling and

testing).

H. Pollution Prevention

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

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

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

reduction or elimination of pollution at its source, through

the substitution of environmentally friendly materials,

more efficient use of raw materials and the incorporation

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

greater efficiency because they can result in significant

cost savings to facilities that permanently achieve or

move beyond compliance. This final-form rulemaking

incorporates the following pollution prevention incentives.

The final-form rulemaking assures that the citizens and

the environment of this Commonwealth will experience

the benefits of reduced emissions of VOCs and HAPs from

large appliance and metal furniture surface coating processes. Although the final-form rulemaking is designed

primarily to address ozone air quality, the reformulation

or substitution of coating products to meet the VOC

content limits applicable to users may also result in

reduction of HAP emissions, which are also a serious

health threat. The final-form rulemaking provides as one

compliance option that coatings used on or applied to

large appliance or metal furniture 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 VOC-content solvents will also

benefit water quality through reduced loading on water

treatment plants and in reduced quantities of high VOCcontent solvents leaching into the ground. Owners and

operators of affected large appliance and metal furniture

surface coating process facilities may also reduce VOC

emissions through the use of add-on controls or a combination of complying coatings and add-on controls.

I. Sunset Review

This final-form rulemaking will be reviewed in accordance with the sunset review schedule published by the

Department to determine whether the regulations effectively fulfill the goals for which they were intended.

J. Regulatory Review

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

P. S. § 745.5(a)), on January 5, 2010, the Department

submitted a copy of the notice of proposed rulemaking,

published at 40 Pa.B. 420, to IRRC and to the House and

Senate Environmental Resources and Energy Committees

(Committees) for review and comment.

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

and the Committees were provided with copies of the

comments received during the public comment period, as

well as other documents when requested. In preparing

the final-form rulemaking, the Department has considered all comments from IRRC, the Committees and the

public.

Under section 5.1(j.2) of the Regulatory Review Act (71

P. S. § 745.5a(j.2)), on August 4, 2010, the final-form

rulemaking was deemed approved by the Committees.

Under section 5.1(e) of the Regulatory Review Act, IRRC

met on August 6, 2010, and approved the final-form

rulemaking.

K. Findings

The Board finds that:

(1) Public notice of proposed rulemaking was given

under sections 201 and 202 of the act of July 31, 1968

(P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) and

regulations promulgated thereunder, 1 Pa. Code §§ 7.1

and 7.2.

(2) At least a 60-day public comment period was

provided as required by law and all comments were

considered.

(3) These final-form regulations do not enlarge the

purpose of the proposed rulemaking published at 40 Pa.B.

420.

(4) These regulations are necessary and appropriate for

administration and enforcement of the authorizing acts

identified in Section C of this preamble.

(5) These regulations are necessary to attain and maintain the ozone NAAQS and to satisfy related CAA

requirements.

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PENNSYLVANIA BULLETIN, VOL. 40, NO. 37, SEPTEMBER 11, 2010
L. Order

The Board, acting under the authorizing statutes,

orders that:

(a) The regulations of the Department, 25 Pa. Code

Chapter 129, are amended by amending §§ 129.51 and

129.52 and adding § 129.52a to read as set forth in

Annex A, with ellipses referring to the existing text of the

regulations.

(b) The Chairperson of the Board shall submit this

order and Annex A to the Office of General Counsel and

the Office of Attorney General for review and approval as

to legality and form as required by law.

(c) The Chairperson of the Board shall submit this

order and Annex A to IRRC and the Committees as

required by the Regulatory Review Act.

(d) The Chairperson of the Board shall certify this

order and Annex A and deposit them with the Legislative

Reference Bureau, as required by law.

(e) This final-form rulemaking will be submitted to the

EPA as an amendment to the Pennsylvania SIP.

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

JOHN HANGER,

Chairperson

(Editor’s Note: For the text of the order of the Independent Regulatory Review Commission relating to this

document, see 40 Pa.B. 4814 (August 21, 2010).)

Fiscal Note: Fiscal Note 7-449 remains valid for the

final adoption of the subject regulations.

Annex A

TITLE 25. ENVIRONMENTAL PROTECTION

PART I. DEPARTMENT OF ENVIRONMENTAL

PROTECTION

Subpart C. PROTECTION OF NATURAL

RESOURCES

ARTICLE III. AIR RESOURCES

CHAPTER 129. STANDARDS FOR SOURCES

SOURCES OF VOCs

§ 129.51. General.

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

and 129.54—129.73 may be achieved by alternative methods if the following exist:

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

or both.

(2) The resulting emissions are equal to or less than

the emissions that would have been discharged by complying with the applicable emission limitation.

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

VOC coating or ink which meets the applicable emission

limitation in §§ 129.52, 129.52a, 129.67 and 129.73 shall

be determined on the basis of equal volumes of solids.

(4) Capture efficiency testing and emissions testing are

conducted in accordance with methods approved by the

EPA.

(5) Adequate records are maintained to ensure enforceability.

(6) The alternative compliance method is incorporated

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

device to comply with § 129.52, § 129.52a, § 129.67,

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

(b) New source performance standards. Sources covered

by new source performance standards which are more

stringent than those contained in this chapter shall

comply with those standards in lieu of the standards

found in this chapter.

(c) Demonstration of compliance. Test methods and

procedures used to monitor compliance with the emission

requirements of this section are those specified in Chapter 139 (relating to sampling and testing).

(d) Records. The owner or operator of a facility or

source subject to the VOC emission limitations and

control requirements in this chapter shall keep records to

demonstrate compliance with the applicable limitation or

control requirement.

(1) The records must provide sufficient data and calculations to clearly demonstrate that the emission limitations or control requirements are met. Data or information required to determine compliance with an applicable

limitation shall be recorded and maintained in a time

frame consistent with the averaging period of the standard.

(2) The records shall be retained at least 2 years and

shall be made available to the Department on request.

(3) An owner or operator claiming that a facility or

source is exempt from the VOC control provisions of this

chapter shall maintain records that clearly demonstrate

to the Department that the facility or source is not

subject to the VOC emission limitations or control requirements.

§ 129.52. Surface coating processes.

*****

(i) Beginning January 1, 2011, the requirements and

limits for metal furniture coatings and large appliance

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

emissions from large appliance and metal furniture surface coating processes).

*****

§ 129.52a. Control of VOC emissions from large appliance and metal furniture surface coating processes.

(a) Applicability. This section applies as follows:

(1) This section applies to the owner and operator of a

large appliance or metal furniture surface coating process

if the total actual VOC emissions from all large appliance

or metal furniture 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.

(2) The emission limits and other requirements of this

section supersede the emission limits and other requirements of § 129.52 (relating to surface coating processes)

for large appliance and metal furniture surface coating

processes.

(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)(1) 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

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PENNSYLVANIA BULLETIN, VOL. 40, NO. 37, SEPTEMBER 11, 2010
large appliance or metal furniture surface coating operation, except to the extent the RACT permit contains more

stringent requirements.

(c) Emission limits. Beginning January 1, 2011, a

person subject to this section may not cause or permit the

emission into the outdoor atmosphere of VOCs from a

large appliance or metal furniture surface coating process, unless one of the following limitations is met:

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

to or less than the limit specified in Table I or Table II

(relating to emission limits of VOCs for large appliance

surface coatings; and emission limits of VOCs for metal

furniture surface coatings).

(i) The VOC content of the as applied coating, expressed in units of weight of VOC per volume of coating

solids, shall be calculated as follows:

VOC = (Wo)(Dc)/Vn

Where:

VOC = VOC content in lb VOC/gal of coating solids

Wo = Weight percent of VOC (Wv-Ww-Wex)

Wv = Weight percent of total volatiles (100%-weight

percent solids)

Ww = Weight percent of water

Wex = Weight percent of exempt solvent(s)

Dc = Density of coating, lb/gal, at 25° C

Vn = Volume percent of solids of the as applied coating

(ii) The VOC content of a dip coating, expressed in

units of weight of VOC per volume of coating solids, shall

be calculated on a 30-day rolling average basis using the

following equation:

SUMi (Woi × Dci × Qi

) + SUMJ (WoJ × DdJ × QJ) VOCA = SUMi (Vni × Qi

)

Where:

VOCA = VOC content in lb VOC/gal 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

Vni = Percent solids by volume 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 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/gal of coating solids.

E = The Table I or Table II limit in lb VOC /gal of coating

solids.

O = The overall required control efficiency.

(d) Compliance monitoring procedures. The owner or

operator of a facility subject to this section shall maintain

records sufficient to demonstrate compliance with this

section. At a minimum, the owner or operator shall

maintain daily records of:

(1) The following parameters for each coating, thinner,

component and cleaning solvent as supplied:

(i) Name and identification number.

(ii) Volume used.

(iii) Mix ratio.

(iv) Density or specific gravity.

(v) Weight percent of total volatiles, water, solids and

exempt solvents.

(vi) Volume percent of solids for each Table I or Table

II coating used in the surface coating process.

(2) The VOC content of each coating, thinner, component and cleaning solvent as supplied.

(3) The VOC content of each as applied coating or

cleaning solvent.

(e) Recordkeeping and reporting requirements. The

records required under subsection (d) shall be:

(1) Maintained for 2 years, unless a longer period is

required under § 127.511(b)(2) (relating to monitoring

and related recordkeeping and reporting requirements).

(2) Submitted to the Department upon receipt of a

written request.

(f) Coating application methods. A person subject to

this section may not cause or permit the emission into the

outdoor atmosphere of VOCs from the application of large

appliance or metal furniture surface coatings, unless the

coatings are applied using one or more of the following

coating application methods:

(1) Electrostatic coating.

(2) Roller coating.

(3) Flow coating.

(4) Dip coating, including electrodeposition.

(5) High volume-low pressure (HVLP) spray.

(6) Brush coating.

(7) Other coating application method, if approved in

writing by the Department prior to use.

(i) The coating application method must be capable of

achieving a transfer efficiency equivalent to or better

than that achieved by the methods listed in paragraphs

(1)—(6).

5138 RULES AND REGULATIONS

PENNSYLVANIA BULLETIN, VOL. 40, NO. 37, SEPTEMBER 11, 2010
(ii) The request for approval must be submitted in

writing.

(g) Exempt coatings and coating operations. The VOC

coating content limits in Table I and Table II do not apply

to the following types of coatings and coating operations:

(1) Stencil coatings.

(2) Safety-indicating coatings.

(3) Solid-film lubricants.

(4) Electric-insulating coatings.

(5) Thermal-conducting coatings.

(6) Touch-up and repair coatings.

(7) Coating applications using hand-held aerosol cans.

(8) A coating used exclusively for determining product

quality and commercial acceptance and other small quantity coatings, if the coating meets the following criteria:

(i) 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.

(ii) 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 coating-related activities. The owner or operator of a large appliance or

metal furniture surface coating process subject to this

section shall comply with the following work practices for

coating-related activities:

(1) Store all VOC-containing coatings, thinners and

coating-related waste materials in closed containers.

(2) Ensure that mixing and storage containers used for

VOC-containing coatings, thinners and coating-related

waste materials are kept closed at all times except when

depositing or removing these materials.

(3) Minimize spills of VOC-containing coatings, thinners and coating-related waste materials and clean up

spills immediately.

(4) Convey VOC-containing coatings, thinners and

coating-related waste materials from one location to

another in closed containers or pipes.

(i) Work practice requirements for cleaning materials.

The owner or operator of a large appliance or metal

furniture surface coating process subject to this section

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 Large Appliance

Surface Coatings

Weight of VOC per Volume of Coating

Solids, as Applied

Coating Type Baked Air Dried

kg/l lb/gal kg/l lb/gal

General, One

Component 0.40 3.34 0.40 3.34

General, MultiComponent 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 II

Emission Limits of VOCs for Metal Furniture

Surface Coatings

Weight of VOC per Volume of Coating

Solids, as Applied

Coating Type Baked Air Dried

kg/l lb/gal kg/l lb/gal

General, One

Component 0.40 3.34 0.40 3.34

General, MultiComponent 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

[Pa.B. Doc. No. 10-1677. Filed for public inspection September 10, 2010, 9:00 a.m.]

ENVIRONMENTAL QUALITY BOARD

[ 25 PA. CODE CH. 261a ]

Hazardous Waste Management System; Exclusion

for Identification and Listing of Hazardous Waste

The Environmental Quality Board (Board) amends

Chapter 261a (relating to identification and listing of

hazardous waste) to read as set forth in Annex A. The

final-form rulemaking amends an existing hazardous

waste delisting previously granted to Geological Reclamation Operations and Waste Systems, Inc. (GROWS),

whose successor by merger, Waste Management Disposal

Services of Pennsylvania, Inc. (WMDSPA), petitioned the

Board to increase the maximum annual volume covered

by the current delisting.

This order was adopted by the Board at its meeting on

June 15, 2010.

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