
[Federal Register Volume 77, Number 187 (Wednesday, September 26, 2012)]
[Rules and Regulations]
[Pages 59090-59093]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-23568]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2011-0617; FRL-9731-6]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; Adhesives and Sealants Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving a revision to Pennsylvania's State 
Implementation Plan (SIP). The SIP revision was submitted by the 
Commonwealth of Pennsylvania through the Pennsylvania Department of 
Environmental Protection (PADEP) in order to include in the SIP 
amendments to relating to control of emissions of volatile organic 
compounds (VOCs) from the manufacture, sale, use, or application of 
adhesives, sealants, primers, and solvents. The SIP revision also 
includes amendments to the definitions in the general provisions in 25 
Pa. Code. EPA is approving this revision in accordance with the 
requirements of the Clean Air Act (CAA).

DATES: This final rule is effective on October 26, 2012.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2011-0617. All documents in the docket are listed in 
the 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 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

[[Page 59091]]

Control, P.O. Box 8468, 400 Market Street, Harrisburg, Pennsylvania 
17105.

FOR FURTHER INFORMATION CONTACT: Gregory Becoat, (215) 814-2036, or by 
email at becoat.gregory@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background

    On August 26, 2011, EPA published a notice of proposed rulemaking 
(NPR) which proposed approval of Pennsylvania's adhesives and sealants 
regulations in order to control emissions of VOCs from the manufacture, 
sale, use, or application of adhesives, sealants, primers, and solvents 
(76 FR 53369, August 26, 2011). The formal SIP revision was submitted 
by the Commonwealth of Pennsylvania through PADEP on January 12, 2011.

II. Summary of SIP Revision

    Pennsylvania's SIP submission contains amendments to 25 Pa. Code 
Chapters 121, 129, and 130 relating to general provisions, standards 
for sources, and standards for products. The SIP revision includes 
amendments to the existing regulation in 25 Pa. Code section 129.51, 
general provisions for VOC sources, and adds new provisions under 25 
Pa. Code sections 129.77 and 130.701 through 130.708, relating to 
control of emissions from the use or application of adhesives, 
sealants, primers and solvents and for the control of emissions of VOCs 
from the manufacture, sale, use, or application of adhesives, sealants, 
primers, and solvents. The SIP revision also includes amendments to 25 
Pa. Code section 121.1, which contains definitions applicable to 25 Pa. 
Code sections 129.77 and 130.701 through 130.708.
    The SIP revision is based on the Ozone Transport Commission (OTC) 
model rule, ``OTC Model Rule For Adhesives and Sealants,'' dated 2006, 
which was based on the 1998 California Air Resources Board (CARB) 
reasonably available control technology (RACT) determination which 
applied to both the manufacture and use of adhesives, sealants, 
adhesive primers, or sealant primers, in both industrial and 
manufacturing facilities and in the field. California Air Districts 
used this determination to develop regulations for this category. EPA 
addressed this source category with a Control Techniques Guideline 
(CTG) document ``Control Techniques Guidelines for Miscellaneous 
Industrial Adhesives, EPA-453/R-08-005'' in September 2008 
(Miscellaneous Industrial Adhesive CTG).
    EPA has determined that the SIP revision contains the required 
elements for a federally enforceable rule: Emission limitations, 
compliance procedures and test methods, compliance dates, and record 
keeping provisions. In comparison to the CTG, the OTC model rule and 25 
Pa. Code section 129.77 are applicable to all stationary sources 
including those applications that occur outside of the factory setting 
in the field. The OTC model rule and 25 Pa. Code sections 129.77 and 
130.701 through 130.708 also regulate the VOC content and vapor 
pressure of surface-preparation and clean-up solvents for which the CTG 
did not make recommendations other than including work practices. The 
rationale for EPA's proposed action is explained in the NPR and will 
not be restated here. On September 26, 2011, EPA received one comment 
letter on the August 26, 2011 NPR. The complete comment letter 
submitted by the Graphic Arts Coalition (hereafter referred to as the 
Commenter) may be found in the docket (EPA-R03-OAR-2011-0617) for 
today's final action. A summary of the comments and EPA's responses are 
provided in Section III of this document.

III. Summary of Public Comments and EPA Responses

    Comment: The Commenter requests that EPA not approve the SIP 
amendment until PADEP clearly exempts graphic arts operations from the 
rule. The Commenter believes that adhesives used in printing operations 
were not considered in PADEP's rulemaking and were not intended to be 
covered by the revised regulation or by the OTC or EPA. The Commenter 
believes that all adhesives used in the printing process operation, not 
only adhesives applied at stations that are physically connected to a 
printing line, should be excluded from the rule because these adhesives 
will be captured/controlled under rules applicable to lithographic 
operations being developed by PADEP.
    Response: Pennsylvania's regulation for adhesives and sealants 
clearly addresses the adhesives and adhesive application activities 
regulated. In 25 Pa. Code section 129.77 at Tables V and VI, the 
Commonwealth clearly specified the adhesives for which a VOC limit is 
set and 25 Pa. Code section 129.77(a) clearly states that the limits 
apply in Tables V and VI unless excluded by 25 Pa. Code section 
129.77(k). Also, the additional terms in 25 Pa. Code section 121.1 
define each of the adhesive categories found in Tables V and VI. Thus, 
we believe the Pennsylvania regulations are clear that the adhesives 
used in printing operations were considered and that the state intended 
to cover those adhesives.
    EPA addressed a portion of the adhesives and adhesive primers 
category in the Miscellaneous Industrial Adhesive CTG. EPA's 
Miscellaneous Industrial Adhesive CTG provides state and local air 
pollution control authorities information that may assist them in 
determining RACT for VOCs from miscellaneous industrial adhesive 
application processes. In developing this Miscellaneous Industrial 
Adhesive CTG, EPA, among other things, evaluated the sources of VOC 
emissions from miscellaneous industrial adhesives application processes 
and the available control approaches for addressing these emissions, 
including the costs of such approaches. Based on available information 
and data, EPA provided recommendations for RACT for miscellaneous 
industrial adhesives. States can use the recommendations in the 
Miscellaneous Industrial Adhesive CTG to inform their own determination 
as to what constitutes RACT for VOCs for miscellaneous industrial 
adhesive application processes in their particular nonattainment areas. 
The Miscellaneous Industrial Adhesive CTG does not impose any legally 
binding requirements on any entity nor are States required to adopt the 
approach that EPA sets forth in a CTG. It provides only recommendations 
for state and local air pollution control agencies to consider in 
determining RACT. State and local pollution control agencies are free 
to implement other technically-sound approaches that are consistent 
with the CAA and EPA's implementing regulations or are more stringent. 
Thus, whether or not the CTG expressly addressed the adhesives at issue 
here is not relevant for determining whether Pennsylvania's rule 
addressing those adhesives could be approved as part of the SIP.
    Section 110(k) of the CAA provides that EPA shall approve a SIP 
revision submittal if it meets all of the applicable requirements of 
the CAA. The primary CAA requirement for the adhesives and sealants 
rule is that Pennsylvania set RACT for the Miscellaneous Industrial 
Adhesive CTG category. For the reasons outlined in the NPR, EPA 
believes that Pennsylvania has fulfilled this requirement (76 FR 
53369). To the extent that Pennsylvania's rule goes beyond the 
recommendation of the Miscellaneous Industrial Adhesive CTG, it does 
not prohibit EPA from approving this rulemaking action. The OTC 
developed a model rule as part of a regional effort to attain and 
maintain the eight-hour ozone standard and reduce eight-hour ozone 
levels. States opting to

[[Page 59092]]

promulgate rules based on this model rule utilize state-specific 
administrative requirements and procedures. Similar to CTGs, the OTC 
model rules are merely recommendations and are not required by the 
Commonwealth for regulation purposes. However, Pennsylvania's adopted 
25 Pa. Code Chapters 121, 129, and 130 are based on the OTC model rule. 
The Commenter also suggests that these adhesives would be better 
addressed in a separate rule on which the Commonwealth is currently 
working. If the Commonwealth determines that the adhesives should be 
addressed in a different rule, it can request that the SIP be revised. 
However, the fact that the Commonwealth may choose at some future point 
to regulate the adhesives under a separate rule is not a basis for 
disapproving the current rule.

IV. Final Action

    EPA is approving the Pennsylvania SIP revision which includes 
amendments to 25 Pa. Code section 121.1 ``Definitions'' and section 
129.51(a) ``Equivalency.'' EPA is also approving the Pennsylvania SIP 
revisions adding 25 Pa. Code section 129.77 ``Control of emissions from 
the use or application of adhesives, sealants, primers, and solvents'' 
and 25 Pa. Code sections 130.701-130.708 ``Adhesives, Sealants, 
Primers, and Solvents General Provisions.'' EPA has determined that 25 
Pa. Code sections 129.77 and 130.701 through 130.708 meet the 
requirement for RACT for the Miscellaneous Industrial Adhesive CTG. EPA 
has determined that the regulations will result in the reduction of VOC 
emissions from the affected sources and meet the applicable 
requirements of the CAA and applicable EPA regulations, guidance, and 
policy and can therefore be approved.

V. 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 November 26, 2012. 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 pertaining to pertaining to Pennsylvania's control 
of VOCs from adhesives and sealants may not be challenged later in 
proceedings to enforce its requirements. (See section 307(b)(2) of the 
CAA.)

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: September 7, 2012.
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. Section 52.2020, in paragraph (c)(1), is amended by:
0
a. Revising the entries for sections 121.1 and 129.51;
0
b. Adding an entry for section 129.77; and
0
c. Adding a new table entry under ``Chapter 130--Standards for 
Products'' titled ``Subchapter D--Adhesives, Sealants, Primers and 
Solvents''; and under the new table heading, adding entries for 130.701 
through 130.708 in numerical order.
    The additions and revisions read as follows:


Sec.  52.2020  Identification of plan.

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

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                                                                                State
          State citation                         Title/subject                effective     EPA approval date     Additional explanation/ Sec.   52.2063
                                                                                 date                                            citation
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                                                           Title 25--Environmental Protection
                                                               Article III--Air Resources
                                                             Chapter 121--General Provisions
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Section 121.1....................  Definitions.............................     12/25/10  9/26/12 [Insert page   Amends and adds definitions.
                                                                                           number where the
                                                                                           document begins].
 
                                                                      * * * * * * *
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                                                           Chapter 129--Standards for Sources
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                                                                      * * * * * * *
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                                                                     Sources of VOCs
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Section 129.51...................  General.................................     12/25/10  9/26/12 [Insert page   Amends section 129.51(a).
                                                                                           number where the
                                                                                           document begins].
 
                                                                      * * * * * * *
Section 129.77...................  Control of emissions from the use or         12/25/10  9/26/12 [Insert page   New section is added.
                                    application of adhesives, sealants,                    number where the
                                    primers and solvents.                                  document begins].
 
                                                                      * * * * * * *
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                                                           Chapter 130--Standards for Products
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                                                                      * * * * * * *
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                                                 Subchapter D--Adhesives, Sealants, Primers and Solvents
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Section 130.701..................  Applicability...........................     12/25/10  9/26/12 [Insert page   New section is added.
                                                                                           number where the
                                                                                           document begins].
Section 130.702..................  Emission standards......................     12/25/10  9/26/12 [Insert page   New section is added.
                                                                                           number where the
                                                                                           document begins].
Section 130.703..................  Exemptions and exceptions...............     12/25/10  9/26/12 [Insert page   New section is added.
                                                                                           number where the
                                                                                           document begins].
Section 130.704..................  Recordkeeping requirements..............     12/25/10  9/26/12 [Insert page   New section is added.
                                                                                           number where the
                                                                                           document begins].
Section 130.705..................  Compliance procedures and test methods..     12/25/10  9/26/12 [Insert page   New section is added.
                                                                                           number where the
                                                                                           document begins].
Section 130.706..................  Container labeling......................     12/25/10  9/26/12 [Insert page   New section is added.
                                                                                           number where the
                                                                                           document begins].
Section 130.707..................  Product dating..........................     12/25/10  9/26/12 [Insert page   New section is added.
                                                                                           number where the
                                                                                           document begins].
Section 130.708..................  Sell-through of products................     12/25/10  9/26/12 [Insert page   New section is added.
                                                                                           number where the
                                                                                           document begins].
 
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[FR Doc. 2012-23568 Filed 9-25-12; 8:45 am]
BILLING CODE 6560-50-P


