
[Federal Register Volume 76, Number 106 (Thursday, June 2, 2011)]
[Rules and Regulations]
[Pages 31856-31858]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-13267]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2011-0099; FRL-9312-7]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; Adoption of Control Techniques Guidelines for Flat Wood 
Paneling Surface Coating Processes

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision 
submitted by the Commonwealth of Pennsylvania (Pennsylvania). This SIP 
revision includes amendments to Chapter 121--General Provisions and 
Chapter 129--Standards for Sources, of Title 25 of the Pennsylvania 
Code. Pennsylvania's SIP revision meets the requirement to adopt 
Reasonably Available Control Technology (RACT) for sources covered by 
EPA's Control Techniques Guidelines (CTG) standards for flat wood 
paneling surface coating processes. EPA is approving this revision 
concerning the adoption of the EPA CTG requirements for flat wood 
paneling surface coating processes in accordance with the requirements 
of the Clean Air Act (CAA).

DATES: Effective Date: This final rule is effective on July 5, 2011.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2011-0099. All documents in the docket are listed in 
the http://www.regulations.gov Web site. Although listed in the 
electronic docket, some information is not publicly available, i.e., 
confidential business information (CBI) or other information whose 
disclosure is restricted by statute. Certain other material, such as 
copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available either electronically through http://www.regulations.gov or in hard copy for public inspection during normal 
business hours at the Air Protection Division, U.S. Environmental 
Protection Agency, Region III, 1650 Arch Street, Philadelphia, 
Pennsylvania 19103. Copies of the State submittal are available at the 
Pennsylvania Department of Environmental Protection, Bureau of Air 
Quality Control, P.O. Box 8468, 400 Market Street, Harrisburg, 
Pennsylvania 17105.

FOR FURTHER INFORMATION CONTACT: Irene Shandruk, (215) 814-2166, or by 
e-mail at shandruk.irene@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background

    Section 182(b)(2) of the CAA, 42 U.S.C. 7511a(b)(2), requires that 
States having moderate nonattainment areas for ozone revise their SIP 
to include provisions requiring the implementation of RACT for certain 
sources, including categories of Volatile Organic Compound (VOC) 
sources covered by a CTG document issued by the Administrator between 
November 15, 1990 and the date of attainment. EPA originally developed 
CTG standards for flat wood paneling surface coating processes in 1978 
and revised them in 2006. Pennsylvania subsequently made changes to its 
SIP which adopted EPA's CTG standards for flat wood paneling surface 
coating processes. The formal SIP revision was submitted by 
Pennsylvania to EPA on January 4, 2011. On March 14, 2011 (76 FR 
13567), EPA published a notice of proposed rulemaking (NPR) for 
Pennsylvania. The NPR proposed approval of Pennsylvania's SIP revision 
for adoption of the CTG standards for flat wood paneling surface 
coating processes. The formal SIP revision was submitted by 
Pennsylvania on January 4, 2011.

II. Summary of SIP Revision

    On January 4, 2011, PADEP submitted to EPA a SIP revision 
concerning the adoption of the CTG standards for flat wood paneling 
surface coating processes. EPA develops CTGs as guidance on control 
requirements for source categories. States can follow the CTGs or adopt 
more restrictive standards. Pennsylvania has adopted EPA's CTG 
standards for flat wood paneling surface coating processes. These 
regulations are in Chapter 121--General Provisions and in Chapter 129--
Standards for Sources, in Title 25 of the Pennsylvania Code. 
Specifically, this revision amends the existing regulations at sections 
121.1, 129.51, 129.66, and adds new section 129.52c. Several 
definitions were added in section 121.1, and section 129.51 was amended 
to extend coverage to flat wood paneling surface coating processes. The 
new section 129.52c includes VOC emission limits, work practices, and 
recordkeeping and reporting requirements, all of which are consistent 
with EPA's CTG for flat wood paneling surface coating processes. The 
emission limits of VOCs for flat wood paneling surface coatings are 
shown in Table 1. These emission limits apply if the total actual VOC 
emissions from all flat wood paneling surface coating operations at the 
facility are equal to or greater than 15 pounds (lb) (6.8 kilograms 
(kg)) per day, before consideration of controls.

Table 1--Emission Limits of VOCs for Flat Wood Paneling Surface Coatings
------------------------------------------------------------------------
                                      Should meet one of these emission
    Surface coatings, inks, or                     limits
adhesives applied to the following -------------------------------------
   flat wood paneling categories      lb VOC/gallon     grams VOC/Liter
                                      coating solids     coating solids
------------------------------------------------------------------------
Printed interior panels made of                   2.9                350
 hardwood, plywood, or thin
 particleboard....................
Natural finish hardwood plywood                   2.9                350
 panels...........................
Class II finishes on hardboard                    2.9                350
 panels...........................
Tileboards........................                2.9                350

[[Page 31857]]

 
Exterior siding...................                2.9                350
------------------------------------------------------------------------

    Other specific requirements concerning this rulemaking and the 
rationale for EPA's action are explained in the NPR and the Technical 
Support Document (TSD) and will not be restated here. No public 
comments were received on the NPR.

III. Final Action

    EPA is approving Pennsylvania's adoption of the CTG requirements 
for flat wood paneling surface coating processes as a revision to the 
Pennsylvania SIP.

IV. Statutory and Executive Order Reviews

A. General Requirements

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

B. Submission to Congress and the Comptroller General

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

C. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by August 1, 2011. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. This action concerning Pennsylvania's adoption of a CTG for 
flat wood paneling surface coating processes may not be challenged 
later in proceedings to enforce its requirements. (See section 
307(b)(2).)

List of Subjects in 40 CFR Part 52

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

    Dated: May 9, 2011.
W.C. Early,
Acting Regional Administrator, Region III.

    40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

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

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

Subpart NN--Pennsylvania

0
2. In Sec.  52.2020, the table in paragraph (c)(1) is amended by 
revising the entries for Sections 121.1, 129.51 and 129.66; and adding 
an entry for Section 129.52c after the existing entry for Section 
129.52. The amendments read as follows:


Sec.  52.2020  Identification of plan.

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

[[Page 31858]]



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                                                                          State
            State citation                      Title/subject           effective       EPA approval date        Additional explanation/Sec.   52.2063
                                                                           date                                                citation
--------------------------------------------------------------------------------------------------------------------------------------------------------
Title 25--Environmental Protection
Article III--Air Resources
Chapter 121--General Provisions
Section 121.1.........................  Definitions..................     12/18/10  6/2/11 [Insert page       Eighteen new definitions are added.
                                                                                     number where the
                                                                                     document begins].
 
                                                                      * * * * * * *
Chapter 129--Standards for Sources
 
                                                                      * * * * * * *
Sources of VOCs
 
                                                                      * * * * * * *
Section 129.51........................  General......................     12/18/10  6/2/11 [Insert page       Paragraph 129.51(a) is amended.
                                                                                     number where the
                                                                                     document begins].
 
                                                                      * * * * * * *
Section 129.52c.......................  Control of VOC emissions from     12/18/10  6/2/11 [Insert page       New section is added.
                                         flat wood paneling surface                  number where the
                                         coating processes.                          document begins].
 
                                                                      * * * * * * *
Section 129.66........................  Compliance schedules and          12/18/10  6/2/11 [Insert page       This section is amended.
                                         final compliance dates.                     number where the
                                                                                     document begins].
 
                                                                      * * * * * * *
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[FR Doc. 2011-13267 Filed 6-1-11; 8:45 am]
BILLING CODE 6560-50-P


