program shall update their lead service line inventory to

include those sites that were previously excluded under

paragraph (3). Systems shall divide the updated number

of remaining lead service lines by the number of remaining years in the replacement program to determine the

number that must be replaced each year. If the system

has completed a 15-year lead service line replacement

program, the Department will determine a schedule for

replacing or retesting lead service lines that were previously tested out under the replacement program (when

the system reexceeds the lead action level).

[Pa.B. Doc. No. 10-2400. Filed for public inspection December 17, 2010, 9:00 a.m.]

ENVIRONMENTAL QUALITY BOARD

[ 25 PA. CODE CHS. 121 AND 129 ]

Flat Wood Paneling Surface Coating Processes

The Environmental Quality Board (Board) amends

Chapters 121 and 129 (relating to general provisions; and

standards for sources) to read as set forth in Annex A.

The final-form rulemaking amends Chapter 129 to limit

emissions of volatile organic compounds (VOCs) from the

use and application of coatings and cleaning materials in

flat wood paneling surface coating processes. The finalform rulemaking adds § 129.52c (relating to control of

VOC emissions from flat wood paneling surface coating

processes) and amends §§ 129.51 and 129.66 (relating to

general; and compliance schedules and final compliance

dates). The final-form rulemaking also amends § 121.1

(relating to definitions).

This order was adopted by the Board at its meeting on

September 21, 2010.

A. Effective Date

This final-form rulemaking will be effective upon publication in the Pennsylvania Bulletin.

B. Contact Persons

For further information, contact Arleen Shulman, Chief,

Division of Air Resource Management, P. O. Box 8468,

Rachel Carson State Office Building, Harrisburg, PA

17105-8468, (717) 772-3436; or Kristen Furlan, Assistant

Counsel, Bureau of Regulatory Counsel, P. O. Box 8464,

Rachel Carson State Office Building, Harrisburg, PA

17105-8464, (717) 787-7060. Persons with a disability

may use the Pennsylvania AT&T Relay Service, (800)

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

This final-form rulemaking is available through the Department of Environmental Protection’s (Department)

web site at www.depweb.state.pa.us (Keyword: Public

Participation).

C. Statutory Authority

This final-form rulemaking is authorized under section

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

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

adopt rules and regulations for the prevention, control,

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

the authority to adopt rules and regulations designed to

implement the provisions of the Clean Air Act (CAA) (42

U.S.C.A. §§ 7401—7671q).

D. Background and Purpose

The purpose of this final-form rulemaking is to reduce

VOC emissions from flat wood paneling surface coating

processes. 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) 2006 Control Techniques Guidelines

(CTG) for flat wood paneling coatings to meet Federal

CAA requirements.

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

pollutants considered harmful to public health and the

environment: ozone, particulate matter, NOx, carbon

monoxide, sulfur dioxide and lead. The CAA established

two types of NAAQS: primary standards, limits set to

protect public health; and secondary standards, limits set

to protect public welfare, including protection against

visibility impairment and from damage to animals, crops,

vegetation and buildings. The EPA established primary

and secondary ozone NAAQS to protect public health and

welfare.

When ground-level ozone is present in concentrations in

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

ozone, public health and welfare are adversely affected.

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

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

damaged cells are shed and replaced. Over a long time

period, lung tissue may become permanently scarred,

resulting in permanent loss of lung function and a lower

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

people with asthma have attacks that require a doctor’s

attention or use of medication. Ozone also makes people

more sensitive to allergens including pet dander, pollen

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

The EPA concluded that there is an association between

high levels of ambient ozone and increased hospital

admissions for respiratory ailments including asthma.

While children, the elderly and those with respiratory

problems are most at risk, even healthy individuals may

experience increased respiratory ailments and other

symptoms when they are exposed to high levels of

ambient ozone while engaged in activities that involve

physical exertion. High levels of ozone also affect animals

in ways similar to humans.

In addition to causing adverse human and animal

health effects, the EPA concluded that ozone affects

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

chlorophyll; reduced growth and survivability of tree

seedlings; and increased plant susceptibility to disease,

pests and other environmental stresses, including harsh

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

evident only after several years or even decades and have

the potential for long-term adverse impacts on forest

ecosystems. Ozone damage to the foliage of trees and

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

natural beauty of parks and recreation areas. Through

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

welfare losses due to ozone can be calculated, such as

crop yield loss from both reduced seed production and

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

plants, including grass, flowers and shrubs. Other types

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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 standard in all areas except the

five-county Philadelphia area. The areas in which the

1997 standard has been attained are required to have

permanent and enforceable control measures to ensure

violations do not occur for the next decade.

Furthermore, in March 2008, the EPA lowered the

standard to 0.075 ppm averaged over 8 hours to provide

even greater protection for children, other at-risk populations and the environment against the array of ozoneinduced adverse health and welfare effects. See 73 FR

16436 (March 27, 2008). The EPA is reconsidering the

March 2008 ozone NAAQS and, on January 19, 2010,

proposed to set a more protective 8-hour ozone primary

standard between 0.060 and 0.070 ppm to provide increased protection for children and other at-risk groups.

See 75 FR 2938 (January 19, 2010). The EPA also

proposed that the secondary ozone standard, which was

set identically to the revised primary standard in the

2008 final rule, should instead be a new cumulative,

seasonal standard. See 75 FR 2938. This seasonal standard is designed to protect plants and trees from damage

occurring from repeated ozone exposure, which can reduce

tree growth, damage leaves and increase susceptibility to

disease. The final revised ozone NAAQS is expected in

2011.

There are no Federal statutory or regulatory limits for

VOC emissions from flat wood paneling surface coating

processes. State regulations to control VOC emissions

from flat wood paneling surface coating processes 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 Consumer

and Commercial Products, Group II: Control Techniques

Guidelines in Lieu of Regulations for Flexible Packaging

Printing Materials, Lithographic Printing Materials, Letterpress Printing Materials, Industrial Cleaning Solvents,

and Flat Wood Paneling Coatings, 71 FR 58745, 58747

(October 5, 2006).

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

provides that State Implementation Plans (SIPs) for

nonattainment areas must include ‘‘reasonably available

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

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

RACT for sources of VOC emissions covered by a CTG

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

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

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

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

covered by a specific CTG.

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

directs the EPA to list for regulation those categories of

products that account for at least 80% of the VOC

emissions from consumer and commercial products in

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

CAA further provides that the EPA may issue a CTG in

place of a National regulation for a product category

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

VOC in ozone nonattainment areas.

In 1995, the EPA listed flat wood paneling coatings on

its § 183(e) list and, in 2006, issued a CTG for flat wood

paneling coatings. See 60 FR 15264 (March 23, 1995) and

71 FR 58745 (October 5, 2006). In the 2006 notice, the

EPA determined that the CTG would be substantially as

effective as a National regulation in reducing VOC emissions from these product categories in ozone nonattainment areas. See 71 FR 58745.

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 2006 CTG for flat wood paneling coatings

for their applicability to the ozone reduction measures

necessary for this Commonwealth. The Department determined that the measures provided in the CTG for flat

wood paneling 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 flat

wood paneling surface coating processes is part of the

Commonwealth’s strategy, in concert with other OTR

jurisdictions, to further reduce transport of VOC ozone

precursors and ground-level ozone throughout the OTR to

attain and maintain the 8-hour ozone NAAQS. The

final-form rulemaking is required under the CAA and is

reasonably necessary to attain and maintain the healthbased 8-hour ozone NAAQS and to satisfy related CAA

requirements in this Commonwealth. This final-form

rulemaking will be submitted to the EPA as a revision to

the SIP.

The final-form rulemaking was discussed with the Air

Quality Technical Advisory Committee (AQTAC) on June

17, 2010. The AQTAC concurred with the Department’s

recommendation to present the final-form amendments to

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

Advisory Council (CAC) on June 30, 2010, and the Small

Business Compliance Advisory Committee (SBCAC) on

July 28, 2010. Neither the CAC nor the SBCAC had

concerns.

E. Summary of Regulatory Requirements and Changes to

the Proposed Rulemaking

The final-form rulemaking adds definitions of the following terms to § 121.1 to support the addition of

§ 129.52c: ‘‘Class II hardboard paneling finish,’’ ‘‘decoraRULES AND REGULATIONS 7225

PENNSYLVANIA BULLETIN, VOL. 40, NO. 51, DECEMBER 18, 2010
tive interior panel,’’ ‘‘engineered wood panel product,’’

‘‘exterior siding,’’ ‘‘exterior trim,’’ ‘‘flat wood paneling

coating,’’ ‘‘flat wood paneling product,’’ ‘‘hardboard,’’ ‘‘hardwood plywood,’’ ‘‘MDF—medium density fiberboard,’’

‘‘natural-finish hardwood plywood panel,’’ ‘‘particleboard,’’

‘‘premium interior wall paneling product,’’ ‘‘plywood,’’

‘‘printed interior panel,’’ ‘‘thin particleboard,’’ ‘‘tileboard’’

and ‘‘waferboard.’’

The final-form rulemaking amends § 129.51(a) to extend its coverage to flat wood paneling 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.

The final-form rulemaking adds § 129.52c to regulate

VOC emissions from flat wood paneling 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 flat wood paneling surface

coating process if the total actual VOC emissions from all

flat wood paneling surface coating operations in Table I

(relating to emission limits of VOCs for flat wood paneling surface coatings), including related cleaning activities,

at the facility are equal to or greater than 15 pounds (6.8

kilograms) per day, before consideration of controls. Subsection (a) specifies that § 129.52c does not apply to the

following: (1) field-applied coating processes, because

these are regulated under Chapter 130, Subchapter C

(relating to architectural and industrial maintenance

coatings); coating processes regulated under §§ 129.101—

129.107 (relating to wood furniture manufacturing operations); and (3) coating processes regulated under

§§ 129.52(f) and 129.52, Table I, Category 11 (relating to

surface coating processes; and wood furniture manufacturing operations).

Subsection (b) explains that the requirements of

§ 129.52c supersede the requirements of a RACT permit

for VOC emissions from a flat wood paneling surface

coating operation already issued to the owner or operator

of a source subject to § 129.52c, except to the extent the

RACT permit contains more stringent requirements.

Subsection (c) establishes VOC emission limits. The

compliance date was changed based on the anticipated

publication date of the final-form rulemaking. Beginning

January 1, 2012, a person may not cause or permit the

emission into the outdoor atmosphere of VOCs from a flat

wood paneling surface coating process, unless one of two

limitations is met. The first limitation is that the VOC

content of each as applied coating is equal to or less than

the limit specified in Table I in § 129.52c. The final-form

rulemaking adds that the VOC content requirement of

Table I for all materials used on a single process line may

be met by using a daily, weighted-average approach. The

final-form rulemaking includes an equation for calculating the weighted average. The second limitation is that

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).

This limitation also addresses the overall efficiency of a

control system, as determined through the use of the

sampling and testing methods in Chapter 139 (relating to

sampling and testing).

Subsection (d) identifies daily records that shall be kept

to demonstrate compliance with § 129.52c, 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.

Subsection (e) contains a change to the proposed

recordkeeping and reporting requirements. The proposed

rulemaking required that records be maintained for 2

years. The final-form rulemaking requires that records be

maintained for 2 years unless a longer period is required

under § 127.511(b)(2) (relating to monitoring and related

recordkeeping and reporting requirements). Additionally,

final-form § 129.52c(e) has been amended to clarify that

records shall be submitted to the Department upon

receipt of a written request.

Under subsection (f), an owner or operator subject to

§ 129.52c may not cause or permit the emission into the

outdoor atmosphere of VOCs from the application of flat

wood paneling surface coatings, unless the coatings are

applied using the methods listed in this subsection,

except that an owner or operator may use another coating

application method if a request is submitted in writing

that demonstrates that the method is capable of achieving

a transfer efficiency equivalent to, or better than, that

achieved by the other methods in subsection (f) and

approved in writing by the Department prior to use.

Three coating application methods have been added to

the list for clarity: airless spray coating, air-assisted

airless spray coating and electrostatic coating. The other

methods listed are rotogravure coating, curtain coating,

direct roll coating, reverse roll coating, hand brush or

hand roller coating, or high volume-low pressure spray

coating.

Subsection (g) exempts coatings used exclusively for

determining product quality and commercial acceptance

and other small quantity coatings from the VOC coating

content limits in § 129.52c, Table I, 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.

Subsection (h) establishes work practices that an owner

or operator of a flat wood paneling surface coating process

subject to § 129.52c shall comply with for coating-related

activities.

Subsection (i) establishes work practices that an owner

or operator of a flat wood paneling surface coating process

subject to § 129.52c shall comply with for cleaning materials.

Table I establishes emission limits for VOCs for flat

wood paneling surface coatings, expressed in weight of

VOC per volume of coating solids, as applied.

This final-form rulemaking also amends § 129.66 to

extend its coverage to this rulemaking and the two other

recently published surface coating CTG rulemakings

namely the large appliance and metal furniture surface

coating processes final-form rulemaking published at 40

Pa.B. 5132 (September 11, 2010) and the paper, film and

foil surface coating processes rulemaking published at 40

Pa.B. 6646 (November 20, 2010). The section will be

similarly updated in later CTG rulemakings. Existing

§ 129.66 establishes a 1-year compliance date for owners

or operators of a source newly subject to § 129.52, the

existing surface coatings regulation, as a result of revised

applicability requirements. The amendment in the finalform rulemaking is intended to ensure that this flexibility

is extended to owners and operators of sources newly

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subject to the expanding collection of surface coating

regulations resulting from these CTG rulemakings. The

amendment will allow compliance for sources newly subject to the requirements because of revised applicability

requirements within 1 year or by the compliance date

specified in the new regulation, whichever is later.

F. Summary of Major Comments and Responses

The Board approved publication of the proposed rulemaking at its meeting of September 15, 2009. The

proposed rulemaking was published at 39 Pa.B. 6061

(October 17, 2009). Three hearings were held on November 17, 19 and 20, 2009, in Harrisburg, Norristown and

Pittsburgh, respectively. The public comment period

closed on December 21, 2009.

Public comments were received from one commentator,

CraftMaster Manufacturing, Inc. (CraftMaster). The Independent Regulatory Review Commission (IRRC) also provided comments.

Other regulatory programs

CraftMaster submitted several comments regarding

concurrent applicability of the EPA’s 2003 Wood Building

Products (WBP) National Emission Standard for Hazardous Air Pollutants (NESHAP). The Board responds that

the final-form rulemaking is based on the 2006 EPA CTG

for Flat Wood Paneling Coatings; the WBP NESHAP does

not guide or override this rulemaking, nor do the Maximum Available Control Technology (MACT), Best Available Technology (BAT) or the Commonwealth’s New

Source Review (NSR) programs. While there may be

overlapping regulation of certain product subcategories, a

facility’s surface coating processes will be subject to the

final-form rulemaking if the operation is for one of the

product types that is defined in § 121.1 and has a limit

set in § 129.52c, Table I. State regulations to control

VOC emissions from flat wood paneling surface coating

processes with RACT are required under the CAA. The

EPA’s WBP NESHAP is applicable only to major sources

of hazardous air pollutants (HAP), and this final-form

rulemaking is applicable to processes that have actual

VOC emissions of 15 lbs/day or more from all flat wood

paneling operations in Table I, including cleaning operations. Therefore, smaller facilities would be subject to the

final-form rulemaking and, by reducing VOCs, may also

be reducing a significant amount of HAPs.

CraftMaster also suggested that surface coating operations already subject to the MACT or BAT programs, or to

the emissions offset provisions of the NSR program,

should not be subject to the final-form rulemaking. The

Board responds that MACT regulations are for controlling

HAPs and VOCs that are HAPs, not for controlling all

VOCs as precursors of ground-level ozone, as the finalform rulemaking does. With regard to BAT, surface

coating operations that have been subject to BAT may

also meet the requirements of the final-form rulemaking

because the BAT determined at the time of the review

may be as stringent as, or more stringent than, the

requirements of this final-form rulemaking. However, if

the BAT is less stringent than the requirements of this

final-form rulemaking, the surface coating operation must

comply with the more stringent requirements. With regard to NSR, the EPA accepts the Commonwealth’s BAT

determinations and recent NSR applicability determinations as fulfillment of RACT for facilities that are not

covered by a CTG, for which controls are installed after

December 9, 1997 (62 FR 64722), the date that the EPA

approved the Department’s NSR program, because this

date draws the line between an existing source subject to

RACT and a new source subject to NSR.

VOC content limit

CraftMaster commented that the ‘‘as applied’’ VOC

limit in Table I should be applicable to an entire surface

coating operation or category of Flat Wood Paneling

Product processed on a surface coating operation, on a

weighted-average basis of all coatings applied, rather

than to each individual coating. The Board agrees that

the weighted-average approach is acceptable. The finalform rulemaking has been revised to add a provision in

§ 129.52c(c)(1) that allows for calculating a daily

weighted average within a single surface coating process

line. Also, demonstrating equivalency with the requirements in § 129.52c is allowed under § 129.51(a) in the

final-form rulemaking. This weighted-average approach

could be specified in a plan approval application and

memorialized in a permit under the equivalency provision

if a company desires to proceed in that fashion and

obtains permit approval.

CraftMaster commented that a facility should be able

to use ‘‘as purchased’’ VOC data instead of calculating ‘‘as

applied’’ data to demonstrate compliance with the VOC

content limits of Table I. Calculation of ‘‘as applied’’

should be limited to a situation where one or more

components of a blend are not a ‘‘complying coating’’ on

its own. The Board agrees that ‘‘as purchased’’ VOC data

can be used under specific circumstances instead of ‘‘as

applied’’ data. If there is no thinning or mixing of

additional regulated VOCs with the ‘‘as purchased’’ material, but only blending of two or more compliant coatings

(each less than 2.9 lbs VOC/gal coating solids), the

company could make a statement in its recordkeeping

documents to this effect and not provide additional

calculations. However, if mixing of thinners or other

noncompliant VOC-containing coatings with the ‘‘as purchased’’ material occurs, the ‘‘as applied’’ coating content

must be calculated. The Department reserves its right, of

course, to sample a coating, even if the company has

provided a written statement that the coating is compliant as mixed.

Recordkeeping

Both CraftMaster and IRRC commented on the daily

recordkeeping requirement. CraftMaster stated that it is

an unnecessary burden with no known benefit and that

the company should be allowed to continue on its monthly

recordkeeping basis. IRRC requested that the Board

explain the basis and need for requiring daily recordkeeping. Both commented on the cost of daily recordkeeping.

The Board disagrees with the commentators’ comments

regarding recordkeeping. The Board is requiring daily

recordkeeping because the applicability for the final-form

rulemaking is based on emissions equal to or greater than

15 lbs/day of VOC before control. Therefore, to demonstrate inclusion or exemption from the regulation, and to

enable the Department to ascertain compliance at any

time, daily records must be kept. Furthermore, since

daily records will be necessary to satisfy the requirements

for monthly records, the recordkeeping burden should be

minimal. The Board disagrees that there are any additional costs associated with daily recordkeeping.

IRRC commented that subsection (e) is unclear as to

what format the records should be maintained, and that

this should be clarified in the final-form rulemaking. The

Board respectfully disagrees. Requiring regulated facilities to maintain records is a standard requirement. This

requirement is found in many Board-approved regulations, including § 129.52(g), for instance. The owners and

operators of regulated sources have not had difficulty

understanding or complying with this requirement. No

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changes have been made to the final-form rulemaking

concerning format in response to this comment.

IRRC commented that the Board should clarify whether

submission of the records required under § 129.52c(e)

will be requested by the Department in writing or orally.

Final-form § 129.52c(e) has been revised to specify that

the records shall be submitted to the Department upon

receipt of a written request.

Compliance methods and related costs

CraftMaster stated that airless sprays are used in

many instances and that, therefore, the requirements

regarding coating application methods should be removed.

IRRC requested that the Board consider adding airless

sprays to the list of acceptable coating application methods. The Board agrees that airless sprays can be used for

flat wood paneling surface coating processes. The proposed rulemaking would have allowed other coating application methods to be approved under § 129.52c(f)(7) with

written requests, if the method would achieve an equivalent or better transfer efficiency than those in paragraphs

(1)—(6); however, for ease of permitting and enforcement,

the Board added airless, air-assisted airless and electrostatic coating methods to § 129.52c(f) in the final-form

rulemaking.

CraftMaster estimated that for one surface coating

operation the capital costs to install a regenerative

thermal oxidizer (RTO) control device would be $3.46

million, with annual costs of $1.51 million. CraftMaster

commented that the cost per ton of VOCs controlled is

$43,000, which they state is far greater than any known

RACT cost-effectiveness criteria and that NOx emissions

associated with operating the RTO are estimated at 4.7

tons per year. IRRC asked that the Board address in the

preamble to the final-form rulemaking the fiscal impact

concerns raised by CraftMaster. The Board appreciates

the work CraftMaster staff undertook to determine the

exact cost of installation of a control device. The 2006 flat

wood paneling CTG does not address costs for RTOs or

other add-on control devices, only costs for lower VOCcontent coatings. The estimated annual cost for the

owners or operators of CraftMaster for changing the

company’s noncomplying interior flat wood paneling coating operations over to compliant material would be

$10,070 (5.3 tons VOC emissions reduced x $1,900/ton),

using the emission reductions provided by CraftMaster in

its comment letter and costs provided by the EPA in the

CTG. The final-form rulemaking allows, but does not

require, the installation of an add-on control device to

meet the emission limitations. It is a facility owner or

operator’s choice whether to use compliant coatings or

add-on controls. Compliant coatings are available. The

Board notes that if CraftMaster should average the VOC

contents of all materials used within a single surface

coating process line, the facility might not have any

noncompliant surface coating lines and no additional

emission reductions would be required at the facility.

CraftMaster commented that the requirement to fully

enclose coatings, coating-related wastes and coatingrelated clean-up materials handling systems should not

be applicable in all instances. CraftMaster asserts that it

is not technically feasible or cost effective to enclose

materials when coatings are water-based ‘‘complying coatings,’’ the cleaning material is limited to water and

wastes are treated onsite. IRRC commented that the

Board should explain why it is necessary to fully enclose

all coatings and coating-related waste materials. The

Board is not requiring a facility owner or operator to fully

enclose all coatings, coating-related wastes and coatingrelated clean-up materials handling systems. Neither the

proposed nor the final-form rulemaking requires this. The

requirements are as follows: (1) store VOC-containing

materials in closed containers; (2) minimize spills of

VOC-containing materials and clean up spills immediately; (3) convey VOC-containing materials from one

location to another in closed pipes or containers; (4)

ensure that mixing and storage containers used for

VOC-containing materials are kept closed at all times,

except when depositing or removing these materials; and

(5) minimize VOC emissions during cleaning of storage,

mixing and conveying equipment. The work practice

requirements for coating-related activities and for cleaning materials in the final-form rulemaking are taken from

the 2006 CTG. The Board does not anticipate increased

cost due to the implementation of work practice standards

for cleaning materials. The implementation of the work

practices 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 or waste. The EPA did not estimate any costs

associated with work practice standards in the CTG. On

page 7 of the CTG, the EPA states: ‘‘To provide structure

and consistency to their work practices, facilities can

develop and implement a work practice plan. The work

practice plan is a proven and traditional approach for

cleaning that is easily adopted and managed by various

industries, including flat wood paneling coatings.’’ (Emphasis added.)

Definitions

IRRC commented on the second sentences in the definitions of the terms ‘‘decorative interior panel,’’ ‘‘exterior

siding’’ and ‘‘exterior trim.’’ IRRC stated that these sentences contained nonregulatory language and would be

more appropriate in the preamble to the final-form

rulemaking than in the definition. The Board respectfully

disagrees. The sentences provide useful information that

will help the regulated community, environmental community and Department staff be better able to identify

the type of product they are dealing with. No changes

were made to the final-form rulemaking as a result of

this comment.

IRRC commented on the definitions of ‘‘MDF—medium

density fiberboard,’’ which contains the phrase ‘‘engineered wood panel product,’’ and ‘‘tileboard,’’ which contains the phrase ‘‘premium interior wall paneling product.’’ IRRC recommended that the Board define these

terms in the final-form rulemaking to improve clarity.

The Board agrees and amended final-form § 121.1 to

include definitions for these terms.

G. Benefits, Costs and Compliance

Benefits

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

million humans, animals, crops, vegetation and natural

areas of this Commonwealth by reducing emissions of

VOCs, which are precursors to ground-level ozone air

pollution. Although the final-form rulemaking is designed

primarily to address ozone air quality, the reformulation

or substitution of coating products to meet the VOC

content limits applicable to users may also result in

reduction of HAP emissions, which are also a serious

health threat.

The final-form rulemaking provides as one compliance

option that inks, coatings and adhesives used on or

applied to flat wood paneling products manufactured in

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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 flat wood paneling 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.

The EPA estimates that implementation of the recommended control options for noncomplying flat wood paneling surface coating processes will result in additional

reductions of VOC emissions of approximately 20% for

interior flat wood paneling coating processes and 80% for

exterior siding processes.

In this Commonwealth, approximately ten flat wood

paneling surface coating operations combined to emit an

estimated total of 248 tons of VOCs in 2009. The highest

emitting of these facilities indicated in its comments on

the proposed rulemaking that it potentially has five flat

wood paneling surface coating operations subject to the

regulation that emitted 99.4 tons of VOC in 2008. This

company also reported 78 tons of VOCs to the Department in 2009. The remaining nine facilities emitted a

total of 26 tons of VOCs in 2009. This highest-emitting

facility indicated that its anticipated reductions from

possibly noncomplying surface coating operations would

range from 5.3 to 9 tons per year. Should this company

average the VOC contents within a single surface coating

process line, the facility might not have any noncompliant

surface coating process lines and no additional emission

reductions would be required at the facility. Based upon

that assumption, and assuming all emissions at the

remaining nine facilities are from noncomplying flat wood

paneling surface coating processes, the maximum anticipated additional annual VOC emission reductions as a

result of this final-form rulemaking are approximately 5

tons (26 tons x 20%) if all subject processes are for

interior paneling to 21 tons (26 tons × 80%) if all subject

processes are for exterior siding.

Compliance Costs

The costs of complying with the new requirements in

the final-form rulemaking include the cost of using

alternative product formulations, including low VOCcontent or water-based inks, coatings and adhesives, and

low VOC-content or water-based cleanup solvent products, and the cost of using add-on controls. Based on

information provided by the EPA in the CTG, the cost

effectiveness of reducing VOC emissions from flat wood

paneling surface coating processes is estimated to range

from $1,900 for interior paneling coating processes to

$2,600 for exterior siding coating processes per additional

ton of VOC emissions reduced. This range is based on the

use of low VOC-content coatings for control.

The total estimated anticipated annual costs to noncomplying facilities ranges from $9,500 (5 tons VOC

emissions reduced × $1,900/ton reduced) to $54,600 (21

tons VOC emissions reduced × $2,600/ton reduced). These

costs are negligible compared to the improved public

health and environmental benefits that will be gained

from this measure.

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 new

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 flat wood paneling

surface coating processes will be required to keep daily

operational records of information for coatings and cleaning solvents sufficient to demonstrate compliance, including identification of materials, VOC content and volumes

used. The records shall be maintained for at least 2 years

and, in some cases, 5 years and be submitted to the

Department upon written request. Persons claiming the

small quantity exemption or use of exempt coating are

required to keep records demonstrating the validity of the

exemption. Persons seeking to comply through the use of

add-on controls are required to meet the applicable

reporting requirements specified in Chapter 139.

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 the owners and operators of facilities that

permanently achieve or move beyond compliance. This

final-form rulemaking incorporates the following pollution

prevention incentives:

The final-form rulemaking will assure that the citizens

and the environment of this Commonwealth experience

the benefits of reduced emissions of VOCs and HAPs from

flat wood paneling 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 flat wood paneling

products manufactured in this Commonwealth meet

specified limits for VOC content, usually through substitution of low VOC-content solvents or water for the high

VOC-content solvents. The reduced levels of high VOCcontent solvents will also benefit water quality through

reduced loading on water treatment plants and in reduced quantities of high VOC-content solvents leaching

into the ground. Owners and operators of affected flat

wood paneling surface coating process facilities may also

reduce VOC emissions through the use of add-on controls,

or a combination of complying coatings and add-on controls.

I. Sunset Review

These regulations will be reviewed in accordance with

the sunset review schedule published by the Department

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to determine whether the regulations effectively fulfill the

goals for which they were intended.

J. Regulatory Review

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

P. S. § 745.5(a)), on October 6, 2009, the Department

submitted a copy of the notice of proposed rulemaking,

published at 39 Pa.B. 6061, to IRRC and the Chairpersons of the House and Senate Environmental Resources

and Energy Committees for review and comment.

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

and the House and Senate Committees were provided

with copies of the comments received during the public

comment period, as well as other documents when requested. In preparing the final-form rulemaking, the

Department has considered all comments from IRRC, the

House and Senate Committees and the public.

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

P. S. § 745.5a(j.2)), on November 3, 2010, the final-form

rulemaking was deemed approved by the House and

Senate Committees. Under section 5.1(e) of the Regulatory Review Act, IRRC met on November 4, 2010, and

approved the final-form rulemaking.

K. Findings

The Board finds that:

(1) Public notice of proposed rulemaking was given

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

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

regulations promulgated thereunder, 1 Pa. Code §§ 7.1

and 7.2.

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

provided as required by law and all comments were

considered.

(3) This final-form rulemaking does not enlarge the

purpose of the proposed rulemaking published at 39 Pa.B.

6061.

(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.

L. Order

The Board, acting under the authorizing statutes,

orders that:

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

Chapters 121 and 129, are amended by amending

§§ 121.1, 129.51 and 129.66, and adding § 129.52c to

read as set forth in Annex A, with ellipses referring to the

existing text of the regulations.

(Editor’s Note: The amendment of § 129.66 was not

included in the proposed rulemaking published at 39

Pa.B. 6061.)

(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 House and Senate

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. 6752 (November 20, 2010).)

Fiscal Note: Fiscal Note 7-447 remains valid for the

final adoption of the subject regulations.

Annex A

TITLE 25. ENVIRONMENTAL PROTECTION

PART I. DEPARTMENT OF ENVIRONMENTAL

PROTECTION

Subpart C. PROTECTION OF NATURAL

RESOURCES

ARTICLE III. AIR RESOURCES

CHAPTER 121. GENERAL PROVISIONS

§ 121.1. Definitions.

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

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

terms, when used in this article, have the following

meanings, unless the context clearly indicates otherwise:

*****

Class II hardboard paneling finish—A finish that meets

the specifications of Voluntary Product Standard PS-59-73

as approved by the American National Standards Institute.

*****

Decorative interior panel—Interior wall paneling that is

usually grooved, frequently embossed and sometimes

grain printed to resemble various wood species. Interior

panels are typically manufactured at the same facilities

as tileboard, although in much smaller quantities. The

substrate can be hardboard, plywood, MDF or particleboard.

*****

Engineered wood panel product—A derivative wood

product that is manufactured by binding together the

strands, particles, fibers or veneers of wood with adhesives, resins, other coatings or additives, or a combination

of these, to form a composite material. The manufacturing process may also use heat or pressure, or both, to

form the product. The product is manufactured to precise

design specifications which are tested to meet National or

international standards.

*****

Exterior siding—

(i) Siding made of solid wood, hardboard or waferboard.

Siding made of solid wood or hardboard is typically

primed at the manufacturing facility and finished in the

field, although some finishing may be performed during

manufacturing.

(ii) The term includes exterior trim.

Exterior trim—Material made out of siding panels and

used for edges and corners around the siding. Exterior

trim is typically manufactured at the same facility as

exterior siding and coated with the same coatings as

siding.

*****

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Flat wood paneling coating—A protective, decorative or

functional material applied to a flat wood paneling product, including a decorative interior panel, exterior siding

or tileboard.

Flat wood paneling product—A wood paneling product

used in construction including decorative interior panels,

exterior siding and tileboard (Class I hardboard).

*****

Hardboard—A panel manufactured primarily from

interfelted lignocellulosic fibers that are consolidated under heat and pressure in a hot-press.

Hardwood plywood—Plywood on which the surface

layer is a veneer of hardwood.

*****

MDF—Medium density fiberboard—An engineered

wood panel product manufactured from individual wood

fibers combined with wax and resin and consolidated

under extreme heat and pressure.

*****

Natural-finish hardwood plywood panel—A panel on

which the original grain pattern is enhanced by an

essentially transparent finish frequently supplemented by

filler and toner.

*****

Particleboard—A manufactured board made of individual wood particles that have been coated with a binder

and formed into flat sheets by pressure.

*****

Premium interior wall paneling product—A product

that has more stringent product performance requirements (namely, adhesion and hardness standards; and

household stain, scrub and moisture resistance, while

maintaining a relatively smooth appearance) compared to

standard interior wall paneling.

*****

Plywood—A structural material made of layers of laminated plies of veneers or layers of wood glued together,

usually with the grains of adjoining layers at right angles

to each other.

*****

Printed interior panel—A panel on which the grain or

natural surface is obscured by filler and basecoat upon

which a simulated grain or decorative pattern is printed.

*****

Thin particleboard—Particleboard that has a thickness

of 1/4 inch or less.

*****

Tileboard—A premium interior wall paneling product

made of hardboard that is used in high moisture areas of

the home, including kitchens and bathrooms, and which

meets the specifications for Class I hardboard approved

by the American National Standards Institute.

*****

Waferboard—A structural material made from rectangular wood flakes of controlled length and thickness

bonded together with waterproof phenolic resin under

extreme heat and pressure. The layers of flakes are not

oriented.

*****

CHAPTER 129. STANDARDS FOR SOURCES

SOURCES OF VOCs

§ 129.51. General.

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

129.52b, 129.52c and 129.54—129.73 may be achieved by

alternative methods if the following exist:

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

or both.

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

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

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

VOC coating or ink which meets the applicable emission

limitation in §§ 129.52, 129.52a, 129.52b, 129.52c, 129.67

and 129.73 shall be determined on the basis of equal

volumes of solids.

(4) Capture efficiency testing and emissions testing are

conducted in accordance with methods approved by the

EPA.

(5) Adequate records are maintained to ensure enforceability.

(6) The alternative compliance method is incorporated

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

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

§ 129.52c, § 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 shall 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.

§ 129.52c. Control of VOC emissions from flat wood

paneling surface coating processes.

(a) Applicability. Except as specified in paragraphs

(1)—(3), this section applies to the owner and operator of

a flat wood paneling surface coating process if the total

actual VOC emissions from all flat wood paneling surface

coating operations listed in Table I (relating to emission

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limits of VOCs for flat wood paneling surface coatings),

including related cleaning activities, at the facility are

equal to or greater than 15 pounds (6.8 kilograms) per

day, before consideration of controls. This section does not

apply to the following:

(1) A field-applied coating process. Field-applied coatings are regulated under Chapter 130, Subchapter C

(relating to architectural and industrial maintenance

coatings).

(2) A coating process regulated under §§ 129.101—

129.107 (relating to wood furniture manufacturing operations).

(3) A coating process regulated under §§ 129.52(f) and

129.52, Table I, Category 11 (relating to surface coating

processes; and wood furniture manufacturing operations).

(b) Existing RACT permit. The requirements of this

section supersede the requirements of a RACT permit

issued to the owner or operator of a source subject to

subsection (a) prior to January 1, 2012, under

§§ 129.91—129.95 (relating to stationary sources of NOx

and VOCs) to control, reduce or minimize VOCs from a

flat wood paneling surface coating process, except to the

extent the RACT permit contains more stringent requirements.

(c) Emission limits. Beginning January 1, 2012, a

person subject to this section may not cause or permit the

emission into the outdoor atmosphere of VOCs from a flat

wood paneling 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 each 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 limits in Table I may be met by

calculating a weighted average of the VOC content of all

coatings used on a single flat wood paneling surface

coating process line each day. The daily weighted average

shall be calculated using the following equation:

n

Ci

Vi

i=1 VOCw =

Vt

Where:

VOCw = The daily weighted average VOC content, as

applied, of all coatings used on a single flat wood

paneling surface coating process line, in lb VOC/gal of

coating solids.

n = The number of different coatings used each day on the

single flat wood paneling surface coating process line.

Vi = The volume solids for each coating, as applied, used

each day on the single flat wood paneling surface coating

process line, in gallons.

Ci = The VOC content of each coating, as applied, used

each day on the single flat wood paneling surface coating

process line, in lb VOC/gal coating solids.

Vt = The total volume of solids for all coatings combined,

as applied, used each day on the single flat wood paneling

surface coating process line, 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 oxidation or solvent

recovery 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 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. The owner or operator shall maintain daily

records of:

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

other component or cleaning solvent as supplied:

(i) Name and identification number of the coating,

thinner, other 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) Volume percent of solids for each coating used in

the flat wood paneling coating process.

(vii) VOC content.

(2) 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 a flat wood paneling

surface coating process unless the coatings are applied

using one or more of the following coating application

methods:

(1) Offset rotogravure coating.

(2) Curtain coating.

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(3) Direct roll coating.

(4) Reverse roll coating.

(5) Hand brush or hand roller coating.

(6) High volume-low pressure (HVLP) spray coating.

(7) Airless spray coating.

(8) Air-assisted airless spray coating.

(9) Electrostatic coating.

(10) 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 a method listed in paragraphs

(1)—(9).

(ii) The request for approval must be submitted in

writing.

(g) Exempt coatings. The VOC coating content standards 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 coating-related activities. The owner or operator of a flat wood paneling

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

spills immediately.

(3) Convey VOC-containing coatings, thinners and

coating-related waste materials from one location to

another in closed containers or pipes.

(4) 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.

(i) Work practice requirements for cleaning materials.

The owner or operator of a flat wood paneling surface

coating process subject to this section shall comply with

the following work practices for cleaning materials:

(1) Store all VOC-containing cleaning materials, waste

cleaning materials and used shop towels in closed containers.

(2) Minimize spills of VOC-containing cleaning materials and waste cleaning materials and clean up spills

immediately.

(3) Convey VOC-containing cleaning materials and

waste cleaning materials from one location to another in

closed containers or pipes.

(4) Ensure that mixing vessels and storage containers

used for VOC-containing cleaning materials and waste

cleaning materials are kept closed at all times, except

when depositing or removing these materials.

(5) Minimize VOC emissions during cleaning of storage, mixing and conveying equipment.

Table I

Emission Limits of VOCs for

Flat Wood Paneling Surface Coatings

Weight of VOC per Volume

of Coating Solids, as Applied

Surface Coatings, Inks or

Adhesives Applied to the

Following Flat Wood Paneling

Categories

lbs VOC

per gallon

coating

solids

grams

VOC per

liter

coating

solids

Printed interior panels made of

hardwood plywood or thin

particleboard

2.9 350

Natural-finish hardwood plywood

panels

2.9 350

Class II finishes on hardboard

panels

2.9 350

Tileboard 2.9 350

Exterior siding 2.9 350

§ 129.66. Compliance schedules and final compliance dates.

The owner or operator of a source newly subject to the

requirements of §§ 129.52—129.52c, §§ 129.59—129.61

or §§ 129.67—129.69 as a result of revised applicability

requirements of this title relating to the control of VOC

shall achieve compliance with the applicable emission

limitations within 1 year of the date of publication of the

notice of final adoption of this requirement in the Pennsylvania Bulletin. Newly subject sources or facilities are

those which were not subject to the emission limitations

because they emitted less than the cutoff levels or

operated at de minimis production levels prior to the date

of publication of the limitation in the Pennsylvania

Bulletin, but are now subject to the standard because

they meet or exceed the cutoff levels contained in

§ 129.52(a), § 129.52a(a), § 129.52b(a), § 129.52c(a) or

§ 129.69. The date of adoption of the applicable emission

standard for these previously unregulated sources will be

determined to be the date that the applicable cutoff levels

contained in § 129.52, § 129.52a, § 129.52b, § 129.52c or

§ 129.69 are published in the Pennsylvania Bulletin.

[Pa.B. Doc. No. 10-2401. Filed for public inspection December 17, 2010, 9:00 a.m.]

Title 58—RECREATION

FISH AND BOAT COMMISSION

[ 58 PA. CODE CHS. 61 AND 69 ]

Fishing; Seasons, Sizes and Creel Limits

The Fish and Boat Commission (Commission) amends

Chapters 61 and 69 (relating to seasons, sizes and creel

limits; and fishing in Lake Erie and boundary lakes). The

Commission is publishing this final-form rulemaking under the authority of 30 Pa.C.S. (relating to the Fish and

Boat Code) (code).

A. Effective Date

The final-form rulemaking will go into effect on January 1, 2011.

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