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]

Download as PDF 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 http://www.regulations.gov or in hard copy for public inspection during normal business hours at the Air Protection Division, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal are available at the Pennsylvania Department of Environmental Protection, Bureau of Air Quality Control, P.O. Box 8468, 400 Market Street, Harrisburg, Pennsylvania 17105. FOR FURTHER INFORMATION CONTACT: Irene Shandruk, (215) 814–2166, or by e-mail at shandruk.irene@epa.gov. SUPPLEMENTARY INFORMATION: 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 ■ jdjones on DSK8KYBLC1PROD with RULES § 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. VerDate Mar<15>2010 14:49 May 20, 2011 Jkt 223001 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 http://www.regulations.gov website. Although listed in the electronic docket, some information is not publicly available, i.e., confidential business SUMMARY: PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 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 E:\FR\FM\23MYR1.SGM 23MYR1 29650 Federal Register / Vol. 76, No. 99 / Monday, May 23, 2011 / Rules and Regulations 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 jdjones on DSK8KYBLC1PROD with RULES 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 VerDate Mar<15>2010 14:49 May 20, 2011 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. Jkt 223001 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 PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 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 E:\FR\FM\23MYR1.SGM 23MYR1 29651 Federal Register / Vol. 76, No. 99 / Monday, May 23, 2011 / Rules and Regulations 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 jdjones on DSK8KYBLC1PROD with RULES * VerDate Mar<15>2010 * 14:49 May 20, 2011 * Jkt 223001 PO 00000 5/23/11 where 5/23/11 where 5/23/11 where * Frm 00019 Fmt 4700 * [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. * Sfmt 4700 E:\FR\FM\23MYR1.SGM * 23MYR1 * 29652 * * Federal Register / Vol. 76, No. 99 / Monday, May 23, 2011 / Rules and Regulations * * * 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. jdjones on DSK8KYBLC1PROD with RULES SUMMARY: VerDate Mar<15>2010 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] Jkt 223001 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 PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 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 23MYR1

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 http://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 http://www.regulations.gov or in hard copy for public inspection during normal 
business hours at the Air Protection Division, U.S. Environmental 
Protection Agency, Region III, 1650 Arch Street, Philadelphia, 
Pennsylvania 19103. Copies of the State submittal are available at the 
Pennsylvania Department of Environmental Protection, Bureau of Air 
Quality Control, P.O. Box 8468, 400 Market Street, Harrisburg, 
Pennsylvania 17105.

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

SUPPLEMENTARY INFORMATION: 

I. Background

    Section 182(b)(2) of the CAA, 42 U.S.C. 7511a(b)(2), requires that 
States having moderate nonattainment areas for ozone revise their SIP 
to include provisions requiring the implementation of RACT for certain 
sources, including categories of volatile organic compound (VOC) 
sources covered by a CTG document issued by the Administrator between 
November 15, 1990 and the date of attainment. EPA originally developed 
CTG standards for 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

[[Page 29650]]

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

[[Page 29651]]

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