Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Allegheny County's Adoption of Control Techniques Guidelines for Large Appliance and Metal Furniture; Flat Wood Paneling; Paper, Film, and Foil Surface Coating Processes; and Revisions to Definitions and an Existing Regulation, 81480-81484 [2010-32488]
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Federal Register / Vol. 75, No. 248 / Tuesday, December 28, 2010 / Rules and Regulations
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[FR Doc. 2010–32487 Filed 12–27–10; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2010–0857; FRL–9243–6]
Approval and Promulgation of Air
Quality Implementation Plans;
Pennsylvania; Allegheny County’s
Adoption of Control Techniques
Guidelines for Large Appliance and
Metal Furniture; Flat Wood Paneling;
Paper, Film, and Foil Surface Coating
Processes; and Revisions to
Definitions and an Existing Regulation
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
EPA is taking direct final
action to approve revisions to the
Pennsylvania State Implementation Plan
(SIP). These SIP revisions include
amendments to the Allegheny County
Health Department (ACHD) Rules and
Regulations, Article XXI, Air Pollution
Control, and meet the requirement to
adopt Reasonably Available Control
Technology (RACT) for sources covered
by EPA’s Control Techniques
Guidelines (CTG) standards for the
following categories: Large appliance
and metal furniture; flat wood paneling;
and paper, film, and foil surface coating
processes. These amendments will
reduce emissions of volatile organic
compounds (VOC) from large appliance
and metal furniture; flat wood paneling;
and paper, film, and foil surface coating
processes. Therefore, this revision will
help Pennsylvania attain and maintain
the national ambient air quality
standard (NAAQS) for ozone. This
action is being taken under the Clean
Air Act (CAA).
DATES: This rule is effective on February
28, 2011 without further notice, unless
EPA receives adverse written comment
by January 27, 2011. If EPA receives
such comments, it will publish a timely
withdrawal of the direct final rule in the
Federal Register and inform the public
that the rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID Number EPA–
R03–OAR–2010–0857 by one of the
following methods:
A. https://www.regulations.gov. Follow
the on-line instructions for submitting
comments.
B. E-mail: powers.marilyn@epa.gov.
C. Mail: EPA–R03–OAR–2010–0857,
Marilyn Powers, Acting Associate
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SUMMARY:
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Director, Office of Air Program
Planning, Mailcode 3AP30, U.S.
Environmental Protection Agency,
Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
D. Hand Delivery: At the previouslylisted EPA Region III address. Such
deliveries are only accepted during the
Docket’s normal hours of operation, and
special arrangements should be made
for deliveries of boxed information.
Instructions: Direct your comments to
Docket ID No. EPA–R03–OAR–2010–
0857. EPA’s policy is that all comments
received will be included in the public
docket without change, and may be
made available online at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through https://www.
regulations.gov or e-mail. The https://
www.regulations.gov Web site is an
‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA without going through https://
www.regulations.gov, your e-mail
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses.
Docket: All documents in the
electronic docket are listed in the
https://www.regulations.gov index.
Although listed in the index, some
information is not publicly available,
i.e., 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 in https://
www.regulations.gov or in hard copy
during normal business hours at the Air
Protection Division, U.S. Environmental
Protection Agency, Region III, 1650
PO 00000
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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
or the Allegheny County Health
Department, Bureau of Environmental
Quality, Division of Air Quality, 301
39th Street, Pittsburgh, Pennsylvania
15201.
FOR FURTHER INFORMATION CONTACT:
Irene Shandruk, (215) 814–2166, or by
e-mail at shandruk.irene@epa.gov.
SUPPLEMENTARY INFORMATION: On July
23, 2010, the Pennsylvania Department
of Environmental Protection (PADEP)
submitted to EPA a SIP revision
concerning the adoption of the EPA
CTGs for large appliance and metal
furniture; flat wood paneling; and
paper, film, and foil surface coating
processes.
I. Background
Section 172(c)(1) of the CAA provides
that SIPs for nonattainment areas must
include reasonably available control
measures (RACM), including RACT for
sources of emissions. Section
182(b)(2)(A) provides that for certain
nonattainment areas, States must revise
their SIPs to include RACT for sources
of VOC emissions covered by a CTG
document issued after November 15,
1990 and prior to the area’s date of
attainment.
CTGs are intended to provide State
and local air pollution control
authorities information that should
assist them in determining RACT for
VOCs from various sources, including
large appliance coatings, metal furniture
coatings, flat wood paneling coatings,
and paper, film, and foil coatings. In
developing these CTGs, EPA, among
other things, evaluated the sources of
VOC emissions from this industry 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 VOCs from large appliance coatings,
metal furniture coatings, flat wood
paneling coatings, and paper, film, and
foil coatings.
In December 1977, EPA published
CTGs for large appliance coatings (EPA–
450/2–77–034), surface coating of metal
furniture (EPA–450/2–77–032), and
surface coating of paper (EPA–450/2–
77–008). In June 1978, EPA published a
CTG for flat wood paneling coatings
(EPA–450/2–78–034). These CTGs
discuss the nature of VOC emissions
from these industries, available control
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Federal Register / Vol. 75, No. 248 / Tuesday, December 28, 2010 / Rules and Regulations
technologies for addressing such
emissions, the costs of available control
options, and other items.
EPA promulgated national standards
of performance for new stationary
sources (NSPS) for the industries listed
above, and EPA also published a
national emission standard for
hazardous air pollutants (NESHAP) for
these industries.
In 2006 and 2007, after conducting a
review of currently existing State and
local VOC emission reduction
approaches for these industries,
reviewing the 1977/1978 CTGs and the
NESHAPs for these industries, and
taking into account the information that
has become available since then, EPA
developed new CTGs for: Surface
coating of large appliances, entitled
Control Techniques Guidelines for Large
Appliance Coatings (Publication No.
EPA 453/R–07–004; September 2007);
surface coating of paper, entitled
Control Techniques Guidelines for
Paper, Film, and Foil Coatings
(Publication No. EPA 453/R–07–003;
September 2007); surface coating of
metal furniture, entitled Control
Techniques Guidelines for Metal
Furniture Coatings (Publication No. EPA
453/R–07–005; September 2007); and
surface coating of flat wood paneling,
entitled Control Techniques Guidelines
for Flat Wood Paneling Coatings
(Publication No. EPA 453/R–06–004).
Large appliance coatings include, but
are not limited to, materials referred to
as paint, topcoats, basecoats, primers,
enamels, and adhesives used in the
manufacture of large appliance parts or
products. Coatings are a critical
constituent to the large appliance
industry. The metal furniture coatings
product category includes the coatings
that are applied to the surfaces of metal
furniture. Metal furniture coatings serve
decorative, protective, and functional
purposes. Flat wood paneling coatings
means wood paneling products that are
any interior, exterior or tileboard (class
I hardboard) panel to which a
protective, decorative, or functional
material or layer has been applied.
Emissions of VOCs from flat wood
coating facilities occur primarily at the
coating line, although some emissions
also occur at paint mixing and storage
areas. The paper, film, and foil product
category includes coatings that are
applied to paper, film, or foil surfaces in
the manufacturing of several major
product types for the following industry
sectors: Pressure sensitive tape and
labels; photographic film; industrial and
decorative laminates; abrasive products;
and flexible packaging. The category
also includes coatings applied during
miscellaneous coating operations for
several products including: Corrugated
and solid fiber boxes; die-cut paper
paperboard and cardboard; converted
paper and paperboard not elsewhere
classified; folding paperboard boxes,
including sanitary boxes; manifold
business forms and related products;
plastic asceptic packaging; and carbon
paper and inked ribbons. VOC
emissions from large appliance, metal
furniture, flat wood paneling, and
paper, film, or foil surface coating
processes result from the evaporation of
the components of the coatings and
cleaning materials.
II. Summary of SIP Revision
On July 23, 2010, the Pennsylvania
Department of Environmental Protection
(PADEP) submitted to EPA a SIP
revision concerning the adoption of the
EPA CTGs for large appliance and metal
furniture; flat wood paneling; and
paper, film, and foil surface coating
processes in Allegheny County. EPA
develops CTGs as guidance on control
requirements for source categories.
States can follow the CTGs or adopt
more restrictive standards. Allegheny
County has adopted EPA’s CTG
standards into ACHD Rules and
Regulations, Article XXI, Air Pollution
Control, section 2105.77 for large
appliance and metal furniture; section
2105.78 for flat wood paneling; and
section 2105.79 for paper, film, and foil
surface coating processes (see EPA 453/
R–07–004, September 2007; EPA 453/R–
07–003, September 2007; EPA 453/R–
07–005, September 2007; EPA 453/R–
06–004). Additionally, the SIP revision
included revisions to an existing
regulation (section 2105.10) for surface
coating processes and related
definitions (section 2101.20). This
action affects sources that use large
appliance and metal furniture; flat wood
paneling; and paper, film, and foil
surface coating processes in Allegheny
County.
New regulation, section 2105.77,
Control of VOC Emissions from Large
Appliance and Metal Furniture Surface
Coating Processes establishes the
following emissions limits of VOCs for
Large Appliance and Metal Surface
Coatings:
TABLE 2105.77—EMISSIONS LIMITS OF VOCS FOR LARGE APPLIANCE AND METAL SURFACE COATINGS
[Weight of VOC per volume of coating solids]
Baked
Air dried
Surface coating process category
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kg/l
1. Large Appliance coating:
(a) general, one component .............................................
(b) general, multi-component ...........................................
(c) extreme high gloss ......................................................
(d) extreme performance ..................................................
(e) heat resistant ..............................................................
(f) metallic .........................................................................
(g) pretreatment coatings .................................................
(h) solar absorbent ...........................................................
2. Metal Furniture coating:
(a) general, one component .............................................
(b) general, multi-component ...........................................
(c) extreme high gloss ......................................................
(d) extreme performance ..................................................
(e) heat resistant ..............................................................
(f) metallic .........................................................................
(g) pretreatment coatings .................................................
(h) solar absorbent ...........................................................
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Federal Register / Vol. 75, No. 248 / Tuesday, December 28, 2010 / Rules and Regulations
limits of VOCs: The VOC content of
each as applied coating is equal to or
less than 2.9 lbs. VOC per gallon of
coating solids (0.35 kg VOC per liter of
coating solids). Additionally, the
regulation outlines applicability,
limitations, records, exempt solvents,
Additionally, the regulation outlines
applicability, limitations, exempt
solvents, application techniques, and
work practices.
New regulation, section 2105.78,
Control of VOC Emissions from Flat
Wood Paneling Coating Processes
establishes the following emissions
application techniques, and work
practices.
New regulation, section 2105.79,
Control of VOC Emissions from Paper,
Film, and Foil Surface Coating
operations establishes the following
emissions limits of VOC:
TABLE 2105.79—EMISSIONS LIMITS OF VOCS FOR PAPER, FILM, AND FOIL SURFACE COATINGS
[Weight of VOC per weight of solids or coating applied]
Solids applied
kg VOC/kg solids
Surface coating process category
Pressure Sensitive Tape and Label ............................................................................................................
Paper, Film, and Foil (Not including pressure sensitive tape and labels) ..................................................
Additionally, the regulation outlines
applicability, limitations, records,
exempt solvents, application
techniques, and work practices.
In addition to adopting the CTGs
discussed above, definitions arising
from these CTG regulations were added
to Article XXI (section 2101.20) and are
being added to the Allegheny County
portion of the Pennsylvania SIP.
Definitions were added for exterior
panels, interior panels, flat wood panel
coating, and tileboard.
Changes were also made to an existing
regulation, section 2105.10, Surface
Coating Processes, making outdated
limits for sources covered by these CTG
regulations void after January 1, 2011.
The specific language added is as
follows:
1. The limits from section 2105.10
and Table section 2105.10, number 7 for
metal furniture coating and number 9
for large appliance coating, no longer
apply to the large appliance and metal
furniture surface coating process as of
January 1, 2011.
2. The limits from section 2105.10
and Table section 2105.10, number 5 for
Paper coating, no longer apply to the
paper, film, and foil surface coating
process as of January 1, 2011.
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III. Final Action
Pennsylvania’s July 23, 2010 SIP
revision meets the CAA requirement to
include RACT for sources covered by
the EPA CTGs for the following
categories in Allegheny County: Large
appliance and metal furniture; flat wood
paneling; and paper, film, and foil
surface coating processes. Therefore,
EPA is approving the Pennsylvania SIP
revision for adoption of the CTG
standards for large appliance and metal
furniture; flat wood paneling; and
paper, film, and foil surface coating
processes. EPA is publishing this rule
without prior proposal because the
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Agency views this as a noncontroversial
amendment and anticipates no adverse
comment. However, in the ‘‘Proposed
Rules’’ section of today’s Federal
Register, EPA is publishing a separate
document that will serve as the proposal
to approve the SIP revision if adverse
comments are filed. This rule will be
effective on February 28, 2011 without
further notice unless EPA receives
adverse comment by January 27, 2011.
If EPA receives adverse comment, EPA
will publish a timely withdrawal in the
Federal Register informing the public
that the rule will not take effect. EPA
will address all public comments in a
subsequent final rule based on the
proposed rule. EPA will not institute a
second comment period on this action.
Any parties interested in commenting
must do so at this time. Please note that
if EPA receives adverse comment on an
amendment, paragraph, or section of
this rule and if that provision may be
severed from the remainder of the rule,
EPA may adopt as final those provisions
of the rule that are not the subject of an
adverse comment.
IV. Statutory and Executive Order
Reviews
A. General Requirements
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act 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 Clean Air Act.
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
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coatings
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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 Clean Air Act;
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
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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 Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
Article XX or XXI
citation
appropriate circuit by February 28,
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. Parties with objections to this
direct final rule are encouraged to file a
comment in response to the parallel
notice of proposed rulemaking for this
action published in the proposed rules
section of today’s Federal Register,
rather than file an immediate petition
for judicial review of this direct final
rule, so that EPA can withdraw this
direct final rule and address the
comment in the proposed rulemaking.
This action pertaining to Allegheny
County’s adoption of the CTG standards
for large appliance and metal furniture,
flat wood paneling, and paper, film, and
foil surface coating processes may not
be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
State effective
date
Title/subject
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: December 14, 2010.
W.C. Early,
Acting, Regional Administrator, Region III.
■
40 CFR part 52 is amended as follows:
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart NN—Pennsylvania
2. In § 52.2020, the table in paragraph
(c)(2) is amended by revising the entries
for Article XXI, Sections 2101.20 and
2105.10, and adding entries for Article
XXI, Sections 2105.77, 2105.78, 2105.79
to read as follows:
■
§ 52.2020
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Identification of plan.
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Part A—General
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2101.20 ........................
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Definitions ....................
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5/24/10
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12/28/10 [Insert page
number where the
document begins]
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Addition of four new definitions: Exterior panels, interior panels, flat wood panel coating,
and tileboard.
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Part E—Source Emission and Operating Standards
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Subpart 1—VOC Sources
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2105.10 ........................
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Surface Coating Processes.
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5/24/10
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12/28/10 [Insert page
number where the
document begins].
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Revision to Applicability, section 2105.10(a).
Subpart 7—Miscellaneous VOC Sources
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2105.77 ........................
2105.78 ........................
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Control of VOC Emissions from Large Appliance and Metal
Furniture Surface
Coating Processes.
Control of VOC Emissions from Flat Wood
Paneling Coating
Processes.
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Article XX or XXI
citation
2105.79 ........................
Control of VOC Emissions from Paper,
Film, and Foil Surface Coating Processes.
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State effective
date
Title/subject
5/24/10
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12/28/10 [Insert page
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
List of Subjects in 40 CFR Part 52
[EPA–R06–OAR–2005–TX–0012;
FRL–9243–1]
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
BILLING CODE 6560–50–P
Approval and Promulgation of
Implementation Plans; Texas;
Emissions Banking and Trading of
Allowances Program
Environmental Protection
Agency (EPA).
ACTION: Withdrawal of direct final rule.
AGENCY:
On November 16, 2010 (75 FR
69884), EPA published a direct final
rule approving portions of four revisions
to the Texas State Implementation Plan
(SIP) that create and amend the
Emissions Banking and Trading of
Allowances (EBTA) Program. The EBTA
Program establishes a cap and trade
program to reduce emissions of oxides
of nitrogen (NOX) and sulfur dioxide
(SO2) from participating electric
generating facilities in Texas. The direct
final action was published without prior
proposal because EPA anticipated no
adverse comments. EPA stated in the
direct final rule that if we received
relevant, adverse comments by
December 16, 2010, EPA would publish
a timely withdrawal in the Federal
Register. EPA subsequently received
timely adverse comments on the direct
final rule. Therefore, EPA is
withdrawing the direct final approval.
EPA will address all relevant, adverse
comments submitted by December 16,
2010, in a subsequent final action based
on the parallel proposal also published
on November 16, 2010 (75 FR 69909).
As stated in the parallel proposal, EPA
will not institute a second comment
period on this action.
DATES: The direct final rule published
on November 16, 2010 (75 FR 69884), is
withdrawn as of December 28, 2010.
FOR FURTHER INFORMATION CONTACT:
Ms. Adina Wiley (6PD–R), Air Permits
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SUMMARY:
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Dated: December 15, 2010.
Al Armendariz,
Regional Administrator, EPA Region 6.
Accordingly, the amendments to 40
CFR 52.2270 published in the Federal
Register on November 16, 2010 (75 FR
69884), which were to become effective
on January 18, 2011, are withdrawn.
■
[FR Doc. 2010–32458 Filed 12–27–10; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
44 CFR Part 65
[Docket ID FEMA–2010–0003]
Changes in Flood Elevation
Determinations
Federal Emergency
Management Agency, DHS.
ACTION: Final rule.
AGENCY:
Modified Base (1% annualchance) Flood Elevations (BFEs) are
finalized for the communities listed
below. These modified BFEs will be
used to calculate flood insurance
premium rates for new buildings and
their contents.
DATES: The effective dates for these
modified BFEs are indicated on the
following table and revise the Flood
Insurance Rate Maps (FIRMs) in effect
SUMMARY:
PO 00000
Frm 00114
Fmt 4700
New Regulation.
*
Section, Environmental Protection
Agency, Region 6, 1445 Ross Avenue
(6PD–R), Suite 1200, Dallas, TX 75202–
2733. The telephone number is (214)
665–2115. Ms. Wiley can also be
reached via electronic mail at
wiley.adina@epa.gov.
[FR Doc. 2010–32488 Filed 12–27–10; 8:45 am]
Additional explanation/§ 52.2063 citation
Sfmt 4700
*
*
for the listed communities prior to this
date.
ADDRESSES: The modified BFEs for each
community are available for inspection
at the office of the Chief Executive
Officer of each community. The
respective addresses are listed in the
table below.
FOR FURTHER INFORMATION CONTACT: Luis
Rodriguez, Chief, Engineering
Management Branch, Federal Insurance
and Mitigation Administration, Federal
Emergency Management Agency, 500 C
Street, SW., Washington, DC 20472,
(202) 646–4064, or (e-mail)
luis.rodriguez1@dhs.gov.
The
Federal Emergency Management Agency
(FEMA) makes the final determinations
listed below of the modified BFEs for
each community listed. These modified
BFEs have been published in
newspapers of local circulation and
ninety (90) days have elapsed since that
publication. The Deputy Federal
Insurance and Mitigation Administrator
has resolved any appeals resulting from
this notification.
The modified BFEs are not listed for
each community in this notice.
However, this final rule includes the
address of the Chief Executive Officer of
the community where the modified BFE
determinations are available for
inspection.
The modified BFEs are made pursuant
to section 206 of the Flood Disaster
Protection Act of 1973, 42 U.S.C. 4105,
and are in accordance with the National
Flood Insurance Act of 1968, 42 U.S.C.
4001 et seq., and with 44 CFR part 65.
For rating purposes, the currently
effective community number is shown
and must be used for all new policies
and renewals.
The modified BFEs are the basis for
the floodplain management measures
that the community is required either to
adopt or to show evidence of being
already in effect in order to qualify or
to remain qualified for participation in
the National Flood Insurance Program
(NFIP).
These modified BFEs, together with
the floodplain management criteria
required by 44 CFR 60.3, are the
SUPPLEMENTARY INFORMATION:
E:\FR\FM\28DER1.SGM
28DER1
]]>Agencies
[Federal Register Volume 75, Number 248 (Tuesday, December 28, 2010)]
[Rules and Regulations]
[Pages 81480-81484]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-32488]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2010-0857; FRL-9243-6]
Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Allegheny County's Adoption of Control Techniques
Guidelines for Large Appliance and Metal Furniture; Flat Wood Paneling;
Paper, Film, and Foil Surface Coating Processes; and Revisions to
Definitions and an Existing Regulation
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is taking direct final action to approve revisions to the
Pennsylvania State Implementation Plan (SIP). These SIP revisions
include amendments to the Allegheny County Health Department (ACHD)
Rules and Regulations, Article XXI, Air Pollution Control, and meet the
requirement to adopt Reasonably Available Control Technology (RACT) for
sources covered by EPA's Control Techniques Guidelines (CTG) standards
for the following categories: Large appliance and metal furniture; flat
wood paneling; and paper, film, and foil surface coating processes.
These amendments will reduce emissions of volatile organic compounds
(VOC) from large appliance and metal furniture; flat wood paneling; and
paper, film, and foil surface coating processes. Therefore, this
revision will help Pennsylvania attain and maintain the national
ambient air quality standard (NAAQS) for ozone. This action is being
taken under the Clean Air Act (CAA).
DATES: This rule is effective on February 28, 2011 without further
notice, unless EPA receives adverse written comment by January 27,
2011. If EPA receives such comments, it will publish a timely
withdrawal of the direct final rule in the Federal Register and inform
the public that the rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2010-0857 by one of the following methods:
A. https://www.regulations.gov. Follow the on-line instructions for
submitting comments.
B. E-mail: powers.marilyn@epa.gov.
C. Mail: EPA-R03-OAR-2010-0857, Marilyn Powers, Acting Associate
Director, Office of Air Program Planning, Mailcode 3AP30, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
D. Hand Delivery: At the previously-listed EPA Region III address.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2010-0857. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at https://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through https://www.regulations.gov or e-mail. The https://www.regulations.gov Web site is
an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through https://www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
Docket: All documents in the electronic docket are listed in the
https://www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., 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 in https://www.regulations.gov or in hard copy 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 or the Allegheny
County Health Department, Bureau of Environmental Quality, Division of
Air Quality, 301 39th Street, Pittsburgh, Pennsylvania 15201.
FOR FURTHER INFORMATION CONTACT: Irene Shandruk, (215) 814-2166, or by
e-mail at shandruk.irene@epa.gov.
SUPPLEMENTARY INFORMATION: On July 23, 2010, the Pennsylvania
Department of Environmental Protection (PADEP) submitted to EPA a SIP
revision concerning the adoption of the EPA CTGs for large appliance
and metal furniture; flat wood paneling; and paper, film, and foil
surface coating processes.
I. Background
Section 172(c)(1) of the CAA provides that SIPs for nonattainment
areas must include reasonably available control measures (RACM),
including RACT for sources of emissions. Section 182(b)(2)(A) provides
that for certain nonattainment areas, States must revise their SIPs to
include RACT for sources of VOC emissions covered by a CTG document
issued after November 15, 1990 and prior to the area's date of
attainment.
CTGs are intended to provide State and local air pollution control
authorities information that should assist them in determining RACT for
VOCs from various sources, including large appliance coatings, metal
furniture coatings, flat wood paneling coatings, and paper, film, and
foil coatings. In developing these CTGs, EPA, among other things,
evaluated the sources of VOC emissions from this industry 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 VOCs from large appliance
coatings, metal furniture coatings, flat wood paneling coatings, and
paper, film, and foil coatings.
In December 1977, EPA published CTGs for large appliance coatings
(EPA-450/2-77-034), surface coating of metal furniture (EPA-450/2-77-
032), and surface coating of paper (EPA-450/2-77-008). In June 1978,
EPA published a CTG for flat wood paneling coatings (EPA-450/2-78-034).
These CTGs discuss the nature of VOC emissions from these industries,
available control
[[Page 81481]]
technologies for addressing such emissions, the costs of available
control options, and other items.
EPA promulgated national standards of performance for new
stationary sources (NSPS) for the industries listed above, and EPA also
published a national emission standard for hazardous air pollutants
(NESHAP) for these industries.
In 2006 and 2007, after conducting a review of currently existing
State and local VOC emission reduction approaches for these industries,
reviewing the 1977/1978 CTGs and the NESHAPs for these industries, and
taking into account the information that has become available since
then, EPA developed new CTGs for: Surface coating of large appliances,
entitled Control Techniques Guidelines for Large Appliance Coatings
(Publication No. EPA 453/R-07-004; September 2007); surface coating of
paper, entitled Control Techniques Guidelines for Paper, Film, and Foil
Coatings (Publication No. EPA 453/R-07-003; September 2007); surface
coating of metal furniture, entitled Control Techniques Guidelines for
Metal Furniture Coatings (Publication No. EPA 453/R-07-005; September
2007); and surface coating of flat wood paneling, entitled Control
Techniques Guidelines for Flat Wood Paneling Coatings (Publication No.
EPA 453/R-06-004).
Large appliance coatings include, but are not limited to, materials
referred to as paint, topcoats, basecoats, primers, enamels, and
adhesives used in the manufacture of large appliance parts or products.
Coatings are a critical constituent to the large appliance industry.
The metal furniture coatings product category includes the coatings
that are applied to the surfaces of metal furniture. Metal furniture
coatings serve decorative, protective, and functional purposes. Flat
wood paneling coatings means wood paneling products that are any
interior, exterior or tileboard (class I hardboard) panel to which a
protective, decorative, or functional material or layer has been
applied. Emissions of VOCs from flat wood coating facilities occur
primarily at the coating line, although some emissions also occur at
paint mixing and storage areas. The paper, film, and foil product
category includes coatings that are applied to paper, film, or foil
surfaces in the manufacturing of several major product types for the
following industry sectors: Pressure sensitive tape and labels;
photographic film; industrial and decorative laminates; abrasive
products; and flexible packaging. The category also includes coatings
applied during miscellaneous coating operations for several products
including: Corrugated and solid fiber boxes; die-cut paper paperboard
and cardboard; converted paper and paperboard not elsewhere classified;
folding paperboard boxes, including sanitary boxes; manifold business
forms and related products; plastic asceptic packaging; and carbon
paper and inked ribbons. VOC emissions from large appliance, metal
furniture, flat wood paneling, and paper, film, or foil surface coating
processes result from the evaporation of the components of the coatings
and cleaning materials.
II. Summary of SIP Revision
On July 23, 2010, the Pennsylvania Department of Environmental
Protection (PADEP) submitted to EPA a SIP revision concerning the
adoption of the EPA CTGs for large appliance and metal furniture; flat
wood paneling; and paper, film, and foil surface coating processes in
Allegheny County. EPA develops CTGs as guidance on control requirements
for source categories. States can follow the CTGs or adopt more
restrictive standards. Allegheny County has adopted EPA's CTG standards
into ACHD Rules and Regulations, Article XXI, Air Pollution Control,
section 2105.77 for large appliance and metal furniture; section
2105.78 for flat wood paneling; and section 2105.79 for paper, film,
and foil surface coating processes (see EPA 453/R-07-004, September
2007; EPA 453/R-07-003, September 2007; EPA 453/R-07-005, September
2007; EPA 453/R-06-004). Additionally, the SIP revision included
revisions to an existing regulation (section 2105.10) for surface
coating processes and related definitions (section 2101.20). This
action affects sources that use large appliance and metal furniture;
flat wood paneling; and paper, film, and foil surface coating processes
in Allegheny County.
New regulation, section 2105.77, Control of VOC Emissions from
Large Appliance and Metal Furniture Surface Coating Processes
establishes the following emissions limits of VOCs for Large Appliance
and Metal Surface Coatings:
Table 2105.77--Emissions Limits of VOCs for Large Appliance and Metal Surface Coatings
[Weight of VOC per volume of coating solids]
----------------------------------------------------------------------------------------------------------------
Baked Air dried
Surface coating process category ---------------------------------------------------------------------------
kg/l lb/gal kg/l lb/gal
----------------------------------------------------------------------------------------------------------------
1. Large Appliance coating: 0.40 3.3 0.40 3.3
(a) general, one component...... 0.40 3.3 0.55 4.5
(b) general, multi-component.... 0.55 4.62 0.55 4.62
(c) extreme high gloss.......... 0.55 4.62 0.55 4.62
(d) extreme performance......... 0.55 4.62 0.55 4.62
(e) heat resistant.............. 0.55 4.62 0.55 4.62
(f) metallic.................... 0.55 4.62 0.55 4.62
(g) pretreatment coatings....... 0.55 4.62 0.55 4.62
(h) solar absorbent............. 0.55 4.62 0.55 4.62
2. Metal Furniture coating: 0.40 3.3 0.40 3.3
(a) general, one component...... 0.40 3.3 0.55 4.5
(b) general, multi-component.... 0.61 5.06 0.55 4.5
(c) extreme high gloss.......... 0.61 5.06 0.61 5.06
(d) extreme performance......... 0.61 5.06 0.61 5.06
(e) heat resistant.............. 0.61 5.06 0.61 5.06
(f) metallic.................... 0.61 5.06 0.61 5.06
(g) pretreatment coatings....... 0.61 5.06 0.61 5.06
(h) solar absorbent............. 0.61 5.06 0.61 5.06
----------------------------------------------------------------------------------------------------------------
[[Page 81482]]
Additionally, the regulation outlines applicability, limitations,
exempt solvents, application techniques, and work practices.
New regulation, section 2105.78, Control of VOC Emissions from Flat
Wood Paneling Coating Processes establishes the following emissions
limits of VOCs: The VOC content of each as applied coating is equal to
or less than 2.9 lbs. VOC per gallon of coating solids (0.35 kg VOC per
liter of coating solids). Additionally, the regulation outlines
applicability, limitations, records, exempt solvents, application
techniques, and work practices.
New regulation, section 2105.79, Control of VOC Emissions from
Paper, Film, and Foil Surface Coating operations establishes the
following emissions limits of VOC:
Table 2105.79--Emissions Limits of VOCs for Paper, Film, and Foil
Surface Coatings
[Weight of VOC per weight of solids or coating applied]
------------------------------------------------------------------------
Coating applied
Surface coating process category Solids applied kg kg VOC/kg
VOC/kg solids coatings
------------------------------------------------------------------------
Pressure Sensitive Tape and Label. 0.20 0.067
Paper, Film, and Foil (Not 0.40 0.08
including pressure sensitive tape
and labels)......................
------------------------------------------------------------------------
Additionally, the regulation outlines applicability, limitations,
records, exempt solvents, application techniques, and work practices.
In addition to adopting the CTGs discussed above, definitions
arising from these CTG regulations were added to Article XXI (section
2101.20) and are being added to the Allegheny County portion of the
Pennsylvania SIP. Definitions were added for exterior panels, interior
panels, flat wood panel coating, and tileboard.
Changes were also made to an existing regulation, section 2105.10,
Surface Coating Processes, making outdated limits for sources covered
by these CTG regulations void after January 1, 2011. The specific
language added is as follows:
1. The limits from section 2105.10 and Table section 2105.10,
number 7 for metal furniture coating and number 9 for large appliance
coating, no longer apply to the large appliance and metal furniture
surface coating process as of January 1, 2011.
2. The limits from section 2105.10 and Table section 2105.10,
number 5 for Paper coating, no longer apply to the paper, film, and
foil surface coating process as of January 1, 2011.
III. Final Action
Pennsylvania's July 23, 2010 SIP revision meets the CAA requirement
to include RACT for sources covered by the EPA CTGs for the following
categories in Allegheny County: Large appliance and metal furniture;
flat wood paneling; and paper, film, and foil surface coating
processes. Therefore, EPA is approving the Pennsylvania SIP revision
for adoption of the CTG standards for large appliance and metal
furniture; flat wood paneling; and paper, film, and foil surface
coating processes. EPA is publishing this rule without prior proposal
because the Agency views this as a noncontroversial amendment and
anticipates no adverse comment. However, in the ``Proposed Rules''
section of today's Federal Register, EPA is publishing a separate
document that will serve as the proposal to approve the SIP revision if
adverse comments are filed. This rule will be effective on February 28,
2011 without further notice unless EPA receives adverse comment by
January 27, 2011. If EPA receives adverse comment, EPA will publish a
timely withdrawal in the Federal Register informing the public that the
rule will not take effect. EPA will address all public comments in a
subsequent final rule based on the proposed rule. EPA will not
institute a second comment period on this action. Any parties
interested in commenting must do so at this time. Please note that if
EPA receives adverse comment on an amendment, paragraph, or section of
this rule and if that provision may be severed from the remainder of
the rule, EPA may adopt as final those provisions of the rule that are
not the subject of an adverse comment.
IV. Statutory and Executive Order Reviews
A. General Requirements
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act 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 Clean Air Act.
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 Clean Air Act; 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
[[Page 81483]]
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 Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by February 28, 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. Parties with objections to this direct final
rule are encouraged to file a comment in response to the parallel
notice of proposed rulemaking for this action published in the proposed
rules section of today's Federal Register, rather than file an
immediate petition for judicial review of this direct final rule, so
that EPA can withdraw this direct final rule and address the comment in
the proposed rulemaking. This action pertaining to Allegheny County's
adoption of the CTG standards for large appliance and metal furniture,
flat wood paneling, and paper, film, and foil 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: December 14, 2010.
W.C. Early,
Acting, Regional Administrator, Region III.
0
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)(2) is amended by
revising the entries for Article XXI, Sections 2101.20 and 2105.10, and
adding entries for Article XXI, Sections 2105.77, 2105.78, 2105.79 to
read as follows:
Sec. 52.2020 Identification of plan.
* * * * *
(c) * * *
(2) * * *
----------------------------------------------------------------------------------------------------------------
State effective Additional explanation/
Article XX or XXI citation Title/subject date EPA approval date Sec. 52.2063
-------------------------------------------------------------------------------------------------citation-------
Part A--General
----------------------------------------------------------------------------------------------------------------
* * * * * * *
2101.20........................ Definitions....... 5/24/10 12/28/10 [Insert Addition of four new
page number definitions: Exterior
where the panels, interior
document begins] panels, flat wood
panel coating, and
tileboard.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Part E--Source Emission and Operating Standards
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Subpart 1--VOC Sources
----------------------------------------------------------------------------------------------------------------
* * * * * * *
2105.10........................ Surface Coating 5/24/10 12/28/10 [Insert Revision to
Processes. page number Applicability,
where the section 2105.10(a).
document begins].
----------------------------------------------------------------------------------------------------------------
Subpart 7--Miscellaneous VOC Sources
----------------------------------------------------------------------------------------------------------------
* * * * * * *
2105.77........................ Control of VOC 5/24/10 12/28/10 [Insert New Regulation.
Emissions from page number
Large Appliance where the
and Metal document begins]
Furniture Surface
Coating Processes.
2105.78........................ Control of VOC 5/24/10 12/28/10 [Insert New Regulation.
Emissions from page number
Flat Wood where the
Paneling Coating document begins]
Processes.
[[Page 81484]]
2105.79........................ Control of VOC 5/24/10 12/28/10 [Insert New Regulation.
Emissions from page number
Paper, Film, and where the
Foil Surface document begins]
Coating Processes.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2010-32488 Filed 12-27-10; 8:45 am]
BILLING CODE 6560-50-P
