Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Adoption of Control Techniques Guidelines for Paper, Film, and Foil Surface Coating Processes, 29649-29652 [2011-12513]
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Federal Register / Vol. 76, No. 99 / Monday, May 23, 2011 / Rules and Regulations
(3) The Captain of the Port, Sector
North Carolina can be reached through
the Sector Duty Officer at Sector North
Carolina in Atlantic Beach, North
Carolina at telephone number (252)
247–4570.
(4) The Coast Guard Representatives
enforcing the safety zone can be
contacted on VHF–FM marine band
radio channel 13 (165.65 MHz) and
channel 16 (156.8 MHz).
(d) Enforcement Period. This section
will be enforced from 7 p.m. until
8 p.m. on June 11, 2011.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1231; 46 U.S.C.
Chapter 701, 3306, 3703; 50 U.S.C. 191, 195;
33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
2. Add a temporary § 165.T05–0168 to
read as follows:
ENVIRONMENTAL PROTECTION
AGENCY
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
https://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:
40 CFR Part 52
available in the docket where indicated
under ADDRESSES.
I. Background
Dated: May 6, 2011.
Anthony Popiel,
Captain, U.S. Coast Guard, Captain of the
Port North Carolina.
[FR Doc. 2011–12377 Filed 5–20–11; 8:45 am]
BILLING CODE P
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§ 165.T05–0168 Safety Zone: Big Rock
Blue Marlin Air Show, Bogue Sound,
Morehead City, NC.
(a) Regulated Area. The following area
is a safety zone: The specified waters of
the Captain of the Port Sector North
Carolina, as defined in 33 CFR 3.25–20,
within the navigable waters of Bogue
Sound in an area bound by a line drawn
from the following points: latitude
34°43′09.9″ N, longitude 076°45′54.9″
W; thence east to latitude 34°43′09.75″
N, longitude 076°44′34.16″ W; thence
south to latitude 34°42′52.64″ N,
longitude 076°44′32.55″ W; thence west
to latitude 34°42′50.7″ N, longitude
076°45′48.5″ W; thence to the point of
origin, located approximately 400 yards
south of the shoreline of Morehead City.
(b) Definition: For the purposes of this
section, Captain of the Port means the
Commander, Sector North Carolina.
Representative means any U.S. Coast
Guard commissioned, warrant, or petty
officer who has been authorized by the
Captain of the Port, Sector North
Carolina to act on his behalf.
(c) Regulations: (1) In accordance with
the general regulations in § 165.23 of
this part, entry into this zone is
prohibited unless authorized by the
Captain of the Port, Sector North
Carolina or designated representatives.
(2) The operator of any vessel in the
immediate vicinity of this safety zone
shall:
(i) Stop the vessel immediately upon
being directed to do so by any
commissioned, warrant or petty officer
on shore or on board a vessel that is
displaying a U.S. Coast Guard Ensign.
(ii) Proceed as directed by any
commissioned, warrant or petty officer
on shore or on board a vessel that is
displaying a U.S. Coast Guard Ensign.
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29649
[EPA–R03–OAR–2011–0063; FRL–9309–3]
Approval and Promulgation of Air
Quality Implementation Plans;
Pennsylvania; Adoption of Control
Techniques Guidelines for Paper, Film,
and Foil Surface Coating Processes
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
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 the Control
Techniques Guidelines (CTG) standards
for paper, film, and foil surface coating
processes. EPA is approving this
revision concerning the adoption of the
CTG requirements for paper, film, and
foil surface coating processes in
accordance with the requirements of the
Clean Air Act (CAA).
DATES: Effective Date: This final rule is
effective on June 22, 2011.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2011–0063. All
documents in the docket are listed in
the https://www.regulations.gov website.
Although listed in the electronic docket,
some information is not publicly
available, i.e., confidential business
SUMMARY:
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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 paper,
film, and foil surface coating processes
in 1977 and revised them in 2007.
Pennsylvania subsequently made
changes to its SIP which adopted EPA’s
CTG standards for paper, film, and foil
surface coating processes. The formal
SIP revision was submitted by
Pennsylvania to EPA on January 4,
2011. On March 4, 2011 (76 FR 11983),
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 paper, film,
and foil surface coating processes. The
formal SIP revision was submitted by
Pennsylvania on January 4, 2011. One
adverse comment was submitted on the
March 4, 2011 NPR (76 FR 11983). A
summary of the comment and EPA’s
response is provided in section III of
this document.
II. Summary of SIP Revision
On January 4, 2011, the Pennsylvania
Department of Environmental Protection
(PADEP) submitted to EPA a SIP
revision concerning the adoption of the
EPA paper, film, and foil surface coating
processes CTG. EPA develops CTGs as
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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 paper, film,
and foil surface coating processes.
Pennsylvania’s 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, and 129.52, and adds a new
section 129.52b. Several definitions
were amended or added in section
121.1, and section 129.52 was amended
to extend coverage to paper, film and
foil surface coating processes. The new
section 129.52b includes VOC emission
limits, work practices, and
recordkeeping and reporting
requirements, all of which are
consistent with EPA’s CTG for paper,
film, and foil surface coating processes.
The requirements in section 129.52b
supersede the requirements in 129.52
relating to control of VOC emissions
from paper, film, and foil surface
coating processes. The emission limits
of VOCs for paper, film, and foil surface
coatings are shown in Table 1. These
emission limits apply if potential VOC
emissions from a single line, prior to
control, are 25 tons per year (tpy) or
more.
TABLE 1—RECOMMENDED EMISSION LIMITS FOR PAPER, FILM, AND FOIL COATINGS
RACT limits
Units
Pressure sensitive
tape and label
surface coating
Kilograms VOC/kilograms solids (pounds VOC/pounds solids) ................................................................
Kilograms VOC/kilograms coating (pounds VOC/pounds coating) ...........................................................
Additionally, VOC emission limits for
paper coatings only and the associated
applicability criteria that were in
section 129.52(a)(2) were added to
section 129.52b in order to carry
forward previously regulated paper
coating sources and to eliminate the
potential for backsliding. These VOC
emission limits apply only to paper
coatings if actual VOC emissions have
exceeded 3 pounds per hour, 15 pounds
per day, or 2.7 tpy in any year since
January 1, 1987. The emission limits are
shown in Table 2.
TABLE 2—EMISSION LIMITS OF VOCS
FOR PAPER COATING
Units
RACT limit for
paper coating
IV. Final Action
Pounds VOC/gallon coating
solids .................................
Kilogram VOC/liter coating
solids .................................
EPA is approving Pennsylvania’s
adoption of the CTG requirements for
0.58 paper, film, and foil surface coating
processes as a revision to the
Pennsylvania SIP.
4.84
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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. As noted below, EPA
received one comment on the NPR and
it was not germane.
III. Summary of Public Comment and
EPA Response
Comment: A commenter stated that ‘‘it
is a travesty that the EPA is attempting
to take action, in the name of the
unproven theory of anthropogenic
global warming, through regulations
that will harm the economy of the
United States,’’ and asserts that EPA is
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attempting to take such action on the
issue of global warming which Congress
has ‘‘decided that no action was
warranted.’’ The commenter further
states that ‘‘this is a blatant power grab
by the EPA and the Obama
administration to force their radical
liberal ideas on the hard-working,
decent people of the country without
their consent.’’
Response: This comment is not
relevant to this rulemaking action. This
action concerns the control of VOCs for
the purpose of attaining the 1997 8-hour
ozone National Ambient Air Quality
Standard (NAAQS) and does not
concern the regulation of emissions for
the purpose of addressing global
warming.
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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
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0.20
0.067
Paper, film, and foil
surface coating (not
including pressure
sensitive tape and
label)
0.40
0.08
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
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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
State citation
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 July 22, 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
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
State effective
date
Title/subject
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]
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)(1) is amended by revising the entries
for Sections 121.1, 129.51 and 129.52;
and adding an entry for Section 129.52b
after the existing entry for Section
129.52. The amendments read as
follows:
■
§ 52.2020
*
Identification of plan.
*
*
(c) * * *
(1) * * *
*
*
Additional explanation/§ 52.2063
citation
EPA approval date
Title 25—Environmental Protection
Article III—Air Resources
Chapter 121—General Provisions
Section 121.1 ..........
*
Definitions ....................................
*
*
11/20/10
5/23/11 [Insert page number
where the document begins].
*
Definition of ‘‘coating line’’ added.
Revision of definitions for
‘‘coating’’ and ‘‘paper coating.’’
*
*
*
*
*
*
Chapter 129—Standards for Sources
*
*
*
*
Sources of VOCs
*
Section 129.51 ........
*
*
General ........................................
*
11/20/10
Section 129.52 ........
Surface coating processes ..........
11/20/10
Section 129.52b ......
Control of VOC emissions from
paper, film, and foil surface
coating processes.
11/20/10
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where
5/23/11
where
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[Insert page number
the document begins].
[Insert page number
the document begins].
[Insert page number
the document begins].
*
*
Paragraph 129.51(a) is amended.
Paragraph 129.52(j) is added.
New section is added.
*
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Federal Register / Vol. 76, No. 99 / Monday, May 23, 2011 / Rules and Regulations
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BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2010–0034; FRL–9309–6]
Approval and Promulgation of Air
Quality Implementation Plans; Illinois;
Missouri; Saint Louis Nonattainment
Area; Determination of Attainment of
the 1997 Annual Fine Particle Standard
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action
determining that the Saint Louis fine
particle (PM2.5) nonattainment area in
Illinois and Missouri has attained the
1997 annual PM2.5 National Ambient
Air Quality Standard (NAAQS). This
final determination of attainment is
based upon quality assured, quality
controlled, and certified ambient air
monitoring data for the 2007–2009
monitoring period which show that the
Saint Louis area has monitored
attainment of the 1997 annual PM2.5
NAAQS, as well as quality assured data
for 2010 that are in EPA’s Air Quality
System (AQS), but not yet certified, that
show that the Saint Louis area has
continued to monitor attainment of the
1997 annual PM2.5 NAAQS. Pursuant to
EPA’s PM2.5 implementation
regulations, this final determination
suspends the states’ obligation to submit
a number of plans for this area
including: An attainment
demonstration, associated reasonably
available control measures (RACM),
including reasonably available control
technology (RACT), a reasonable further
progress plan, contingency measures,
and other planning State
Implementation Plan (SIP) revisions
related to attainment of the 1997 annual
PM2.5 NAAQS for so long as the area
continues to attain the 1997 annual
PM2.5 NAAQS.
EPA’s determination that this area has
attained the 1997 annual PM2.5 NAAQS
is not equivalent to redesignating the
area to attainment. The designation of
the area will remain nonattainment for
the 1997 annual PM2.5 NAAQS until
such time as EPA determines that this
area meets the Clean Air Act (CAA)
requirements for redesignation to
attainment.
DATES: This final rule is effective on
May 23, 2011.
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SUMMARY:
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14:49 May 20, 2011
EPA has established a
docket for this action under Docket ID
No. EPA–R05–OAR–2010–0034. All
documents in the docket are listed on
the www.regulations.gov Web site.
Although listed in the index, 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 at
the Environmental Protection Agency,
Region 5, Air and Radiation Division, 77
West Jackson Boulevard, Chicago,
Illinois 60604. This facility is open from
8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding Federal holidays. We
recommend that you telephone Matt
Rau, Environmental Engineer, at (312)
886–6524 before visiting the Region 5
office.
ADDRESSES:
[FR Doc. 2011–12513 Filed 5–20–11; 8:45 am]
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Matt
Rau, Environmental Engineer, Control
Strategies Section, Air Programs Branch
(AR–18J), Environmental Protection
Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604,
(312) 886–6524, rau.matthew@epa.gov.
You may also contact Michael Jay, Air
Planning and Development Branch,
Environmental Protection Agency,
Region 7, 901 North Fifth Street, Kansas
City, Kansas 66101, (913) 551–7460,
jay.michael@epa.gov.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA. This supplementary information
section is arranged as follows:
I. What action is EPA taking?
II. What is the background of this action?
III. What is EPA’s analysis of the relevant air
quality data?
IV. What are EPA’s responses to public
comments?
V. What are the effects of this action?
VI. When is this rule effective?
VII. Statutory and Executive Order Reviews
I. What action is EPA taking?
EPA is making a final determination
that the Saint Louis PM2.5
nonattainment area, in the States of
Missouri and Illinois, has attained the
1997 annual PM2.5 NAAQS. EPA
published its proposed determination
for the Saint Louis PM2.5 nonattainment
area on March 7, 2011 (76 FR 12302).
EPA received one set of comments on its
proposal from the Interdisciplinary
Environmental Clinic, Washington
University School of Law on behalf of
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the American Bottom Conservancy.
These comments and EPA’s responses
are found in Section IV of this notice.
As set forth in the proposal, EPA’s
determination is based upon quality
assured, quality controlled, and certified
ambient air monitoring data from the
2007–2009 monitoring period and
additional quality assured, quality
controlled data in AQS for 2010 which
show that the Saint Louis area has
monitored attainment of the 1997
annual PM2.5 NAAQS.
II. What is the background of this
action?
The proposed rule (76 FR 12302,
March 7, 2011) sets forth the
background of this action. The proposed
rule describes the pertinent PM2.5
NAAQS, the designation of the Saint
Louis area as nonattainment for the
1997 annual PM2.5 NAAQS, and the
effect of determining attainment of this
standard on the suspension of
attainment-related planning
requirements. Details are provided in
the notice of proposed rulemaking.
III. What is EPA’s analysis of the
relevant air quality data?
In its proposal (76 FR 12302, March
7, 2011), EPA evaluated data recorded
in the AQS database for the Saint Louis
PM2.5 nonattainment area from 2007 to
2009. Eight monitoring sites in the
nonattainment area presented complete
data. The highest design value at these
sites was 14.1 μg/m3 at monitor 17–119–
1007 in Madison County, Illinois. EPA
concluded that the Saint Louis area has
attained the 1997 annual PM2.5 NAAQS
based on its evaluation of quality
assured and certified data from the area
monitoring sites with complete data for
the 2007–2009 monitoring period.
Supplemental, supporting air quality
data were also considered, as discussed
in the proposed rule.
The historical certified data recorded
at the monitors that were discontinued
during the 2007–2009 monitoring
period and recent certified data
recorded at monitors that started
operation during the period provide
additional support for EPA’s
determination that the Saint Louis area
has attained the 1997 annual PM2.5
NAAQS.
EPA also considered additional
monitoring data for 2010 that have been
submitted by the states and are in AQS,
although not yet certified. The 2010 data
indicate that the Saint Louis area
continues in attainment for the 2008–
2010 monitoring period. EPA believes
that these data show that the area
continues to meet the 1997 annual PM2.5
NAAQS.
E:\FR\FM\23MYR1.SGM
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]]>Agencies
[Federal Register Volume 76, Number 99 (Monday, May 23, 2011)]
[Rules and Regulations]
[Pages 29649-29652]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-12513]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2011-0063; FRL-9309-3]
Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Adoption of Control Techniques Guidelines for Paper,
Film, and Foil Surface Coating Processes
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
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
the Control Techniques Guidelines (CTG) standards for paper, film, and
foil surface coating processes. EPA is approving this revision
concerning the adoption of the CTG requirements for paper, film, and
foil surface coating processes in accordance with the requirements of
the Clean Air Act (CAA).
DATES: Effective Date: This final rule is effective on June 22, 2011.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2011-0063. All documents in the docket are listed in
the https://www.regulations.gov website. 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 https://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 paper, film, and foil surface coating processes in
1977 and revised them in 2007. Pennsylvania subsequently made changes
to its SIP which adopted EPA's CTG standards for paper, film, and foil
surface coating processes. The formal SIP revision was submitted by
Pennsylvania to EPA on January 4, 2011. On March 4, 2011 (76 FR 11983),
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 paper, film, and foil surface coating
processes. The formal SIP revision was submitted by Pennsylvania on
January 4, 2011. One adverse comment was submitted on the March 4, 2011
NPR (76 FR 11983). A summary of the comment and EPA's response is
provided in section III of this document.
II. Summary of SIP Revision
On January 4, 2011, the Pennsylvania Department of Environmental
Protection (PADEP) submitted to EPA a SIP revision concerning the
adoption of the EPA paper, film, and foil surface coating processes
CTG. EPA develops CTGs as
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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 paper, film, and foil surface coating
processes. Pennsylvania's 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, and 129.52, and adds a new
section 129.52b. Several definitions were amended or added in section
121.1, and section 129.52 was amended to extend coverage to paper, film
and foil surface coating processes. The new section 129.52b includes
VOC emission limits, work practices, and recordkeeping and reporting
requirements, all of which are consistent with EPA's CTG for paper,
film, and foil surface coating processes. The requirements in section
129.52b supersede the requirements in 129.52 relating to control of VOC
emissions from paper, film, and foil surface coating processes. The
emission limits of VOCs for paper, film, and foil surface coatings are
shown in Table 1. These emission limits apply if potential VOC
emissions from a single line, prior to control, are 25 tons per year
(tpy) or more.
Table 1--Recommended Emission Limits for Paper, Film, and Foil Coatings
------------------------------------------------------------------------
RACT limits
----------------------------------------------
Paper, film, and
foil surface
Units coating (not
Pressure sensitive tape including
and label surface coating pressure
sensitive tape
and label)
------------------------------------------------------------------------
Kilograms VOC/kilograms 0.20 0.40
solids (pounds VOC/
pounds solids)
Kilograms VOC/kilograms 0.067 0.08
coating (pounds VOC/
pounds coating)
------------------------------------------------------------------------
Additionally, VOC emission limits for paper coatings only and the
associated applicability criteria that were in section 129.52(a)(2)
were added to section 129.52b in order to carry forward previously
regulated paper coating sources and to eliminate the potential for
backsliding. These VOC emission limits apply only to paper coatings if
actual VOC emissions have exceeded 3 pounds per hour, 15 pounds per
day, or 2.7 tpy in any year since January 1, 1987. The emission limits
are shown in Table 2.
Table 2--Emission Limits of VOCs for Paper Coating
------------------------------------------------------------------------
RACT limit for
Units paper coating
------------------------------------------------------------------------
Pounds VOC/gallon coating solids........................ 4.84
Kilogram VOC/liter coating solids....................... 0.58
------------------------------------------------------------------------
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. As noted below,
EPA received one comment on the NPR and it was not germane.
III. Summary of Public Comment and EPA Response
Comment: A commenter stated that ``it is a travesty that the EPA is
attempting to take action, in the name of the unproven theory of
anthropogenic global warming, through regulations that will harm the
economy of the United States,'' and asserts that EPA is attempting to
take such action on the issue of global warming which Congress has
``decided that no action was warranted.'' The commenter further states
that ``this is a blatant power grab by the EPA and the Obama
administration to force their radical liberal ideas on the hard-
working, decent people of the country without their consent.''
Response: This comment is not relevant to this rulemaking action.
This action concerns the control of VOCs for the purpose of attaining
the 1997 8-hour ozone National Ambient Air Quality Standard (NAAQS) and
does not concern the regulation of emissions for the purpose of
addressing global warming.
IV. Final Action
EPA is approving Pennsylvania's adoption of the CTG requirements
for paper, film, and foil surface coating processes as a revision to
the Pennsylvania SIP.
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
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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 July 22, 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
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: 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 129.52; and adding
an entry for Section 129.52b after the existing entry for Section
129.52. The amendments read as follows:
Sec. 52.2020 Identification of plan.
* * * * *
(c) * * *
(1) * * *
----------------------------------------------------------------------------------------------------------------
Additional
State citation Title/subject State EPA approval date explanation/Sec.
effective date 52.2063 citation
----------------------------------------------------------------------------------------------------------------
Title 25--Environmental Protection
Article III--Air Resources
Chapter 121--General Provisions
----------------------------------------------------------------------------------------------------------------
Section 121.1................. Definitions......... 11/20/10 5/23/11 [Insert page Definition of
number where the ``coating line''
document begins]. added. Revision of
definitions for
``coating'' and
``paper coating.''
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 129--Standards for Sources
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Sources of VOCs
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Section 129.51................ General............. 11/20/10 5/23/11 [Insert page Paragraph 129.51(a)
number where the is amended.
document begins].
Section 129.52................ Surface coating 11/20/10 5/23/11 [Insert page Paragraph 129.52(j)
processes. number where the is added.
document begins].
Section 129.52b............... Control of VOC 11/20/10 5/23/11 [Insert page New section is
emissions from number where the added.
paper, film, and document begins].
foil surface
coating processes.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[[Page 29652]]
* * * * *
[FR Doc. 2011-12513 Filed 5-20-11; 8:45 am]
BILLING CODE 6560-50-P
