Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Adoption of Control Techniques Guidelines for Large Appliance and Metal Furniture Coatings, 52867-52871 [2011-21362]
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Federal Register / Vol. 76, No. 164 / Wednesday, August 24, 2011 / Rules and Regulations
longitude 076°27′20″ W, located at
Solomons, Maryland. All coordinates
reference Datum NAD 1983.
(b) Definitions—(1) Coast Guard
Patrol Commander means a
commissioned, warrant, or petty officer
of the U.S. Coast Guard who has been
designated by the Commander, Coast
Guard Sector Baltimore.
(2) Official Patrol means any vessel
assigned or approved by Commander,
Coast Guard Sector Baltimore with a
commissioned, warrant, or petty officer
on board and displaying a Coast Guard
ensign.
(3) Participant means all vessels
participating in the Chesapeake
Challenge under the auspices of the
Marine Event Permit issued to the event
sponsor and approved by Commander,
Coast Guard Sector Baltimore.
(4) Spectator means all persons and
vessels not registered with the event
sponsor as participants or official patrol.
(c) Special local regulations. (1) The
Coast Guard Patrol Commander may
forbid and control the movement of all
vessels in the regulated area. When
hailed or signaled by an official patrol
vessel, a vessel in the regulated area
shall immediately comply with the
directions given. Failure to do so may
result in expulsion from the area,
citation for failure to comply, or both.
(2) The Coast Guard Patrol
Commander may terminate the event, or
the operation of any vessel participating
in the event, at any time it is deemed
necessary for the protection of life or
property.
(3) All vessel traffic, not involved
with the event, will be allowed to transit
the regulated area and shall proceed in
a northerly or southerly direction
westward of the spectator area, taking
action to avoid a close-quarters situation
with spectators, until finally past and
clear of the regulated area.
(4) All Coast Guard vessels enforcing
this regulated area can be contacted on
marine band radio VHF–FM channel 16
(156.8 MHz).
(5) Only participants and official
patrol are allowed to enter the race
course area.
(6) Spectators are allowed inside the
regulated area only if they remain
within the designated spectator area.
Spectators will be permitted to anchor
within the designated spectator area. No
vessel may anchor within the regulated
area outside the designated spectator
area. Spectators may contact the Coast
Guard Patrol Commander to request
permission to pass through the
regulated area. If permission is granted,
spectators must pass directly through
the regulated area outside the race
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course and spectator areas at a safe
speed and without loitering.
(7) Designated spectator fleet area.
The spectator fleet area is located within
a line connecting the following
positions: latitude 38°19′00″ N,
longitude 076°28′22″ W, thence to
latitude 38°19′07″ N, longitude
076°28′12″ W, thence to latitude
38°18′53″ N, longitude 076°27′55″ W,
thence to latitude 38°18′30″ N,
longitude 076°27′45″ W, thence to
latitude 38°18′00″ N, longitude
076°27′11″ W, thence to latitude
38°17′54″ N, longitude 076°27′20″ W,
thence to the point of origin at latitude
38°19′00″ N, longitude 076°28′22″ W.
All coordinates reference datum NAD
83.
(8) The Coast Guard will publish a
notice in the Fifth Coast Guard District
Local Notice to Mariners and issue
marine information broadcast on VHF–
FM marine band radio announcing
specific event date and times.
(d) Enforcement periods. This section
will be enforced:
(1) From 10 a.m. until 6 p.m. on
September 24, 2011, and
(2) From 10 a.m. until 6 p.m. on
September 25, 2011.
Dated: August 1, 2011.
Mark P. O’Malley,
Captain, U.S. Coast Guard, Captain of the
Port Baltimore.
[FR Doc. 2011–21598 Filed 8–23–11; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2011–0509; FRL–9453–7]
Approval and Promulgation of Air
Quality Implementation Plans;
Pennsylvania; Adoption of Control
Techniques Guidelines for Large
Appliance and Metal Furniture
Coatings
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
EPA is taking direct final
action to approve a State
Implementation Plan (SIP) revision
submitted by the Pennsylvania
Department of the Environmental
Protection (PADEP). This SIP revision
includes amendments to the
Commonwealth of Pennsylvania’s
regulation 25 Pa. Code Chapter 129
(relating to standards for sources) and
meets the requirement to adopt
Reasonably Available Control
SUMMARY:
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52867
Technology (RACT) for sources covered
by EPA’s Control Techniques
Guidelines (CTG) standards for large
appliance and metal furniture coatings.
These amendments will reduce
emissions of volatile organic compound
(VOC) emissions from large appliance
and metal furniture coating facilities.
Therefore, this revision will help the
Commonwealth of 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 October
24, 2011 without further notice, unless
EPA receives adverse written comment
by September 23, 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–2011–0509, by one of the
following methods:
A. https://www.regulations.gov. Follow
the on-line instructions for submitting
comments.
B. E-mail:
fernandez.cristina@epa.gov.
C. Mail: EPA–R03–OAR–2011–0509,
Cristina Fernandez, 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 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–2011–
0509. 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
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Federal Register / Vol. 76, No. 164 / Wednesday, August 24, 2011 / Rules and Regulations
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.
FOR FURTHER INFORMATION CONTACT:
Gregory Becoat, (215) 814–2036, or by
e-mail at becoat.gregory@epa.gov.
SUPPLEMENTARY INFORMATION: On
October 1, 2010, PADEP submitted to
EPA a SIP revision concerning the
adoption of the EPA CTGs for large
appliance and metal furniture coating
processes.
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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.
EPA defines RACT as ‘‘the lowest
emission limitation that a particular
source is capable of meeting by the
application of control technology that is
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reasonably available considering
technological and economic feasibility.’’
(44 FR 53761, September 17, 1979). In
subsequent Federal Register notices,
EPA has addressed how states can meet
the RACT requirements of the CAA.
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 and metal
furniture 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 provides
recommendations for RACT for VOCs
from large appliance coatings and metal
furniture coatings.
In December 1977, EPA published
CTGs for large appliance coatings (EPA–
450/2–77–034) and surface coating of
metal furniture (EPA–450/2–77–032).
These CTGs discuss the nature of VOC
emissions from these industries,
available control 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 large
appliance coatings in 1982 (40 CFR part
60, subpart SS) and surface coating of
metal furniture in 1982 (40 CFR part 60,
subpart EE). The NSPS requires VOC
emissions limits based on VOC content
of low VOC coating materials. EPA also
published a national emission standard
for hazardous air pollutants (NESHAP)
for large appliance coatings in 2002 (40
CFR part 63, subpart NNNN) and
surface coating of metal furniture in
2003 (40 CFR part 63, subpart RRRR).
The NESHAP establishes national
emission standards for hazardous air
pollutants and emissions limits based
on the organic hazardous air pollutants
(HAP) content of low organic HAP
coating materials.
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)
and surface coating of metal furniture,
entitled Control Techniques Guidelines
for Metal Furniture Coatings
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(Publication No. EPA 453/R–07–005;
September 2007).
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. VOC emissions from large
appliance and metal furniture surface
coating processes result from the
evaporation of the components of the
coatings and cleaning materials.
II. Summary of SIP Revision
On October 1, 2010, PADEP submitted
to EPA a SIP revision concerning the
adoption of the EPA CTGs for large
appliance and metal furniture coatings.
EPA develops CTGs as guidance on
control requirements for source
categories. States can follow the CTGs or
adopt more restrictive standards.
PADEP amended existing regulations at
25 Pa. Code sections 129.51 and 129.52
(relating to general and surface coating
processes) and added section 129.52(a)
(relating to control of VOC emissions
from large appliance and metal furniture
surface coating processes) in order to
control VOC emissions from large
appliance and metal furniture surface
coating processes. This action affects
sources that use large appliance and
metal furniture surface coating
processes in the Commonwealth of
Pennsylvania.
Regulation, section 129.51(a), entitled
‘‘Equivalency’’ includes large appliance
and metal furniture surface coating
processes and provides an alternative
method for owners and operators of
facilities to achieve compliance with air
emission limits. Regulation, section
129.52, entitled ‘‘Surface coating
processes’’ specifies the requirements
and emission limits for various surface
coating processes. Section 129.52 also
establishes that the requirements and
limits for metal furniture coatings and
large appliance coatings already
specified in this section are superseded
by the requirements and limits in
section 129.52(a) (relating to control of
VOC emissions from large appliance
and metal furniture surface coating
processes). New regulation, section
129.52(a), entitled ‘‘Control of VOC
emissions from large appliance and
metal furniture surface coating
processes’’ establishes the following
emissions limits of VOCs for large
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52869
appliance and metal surface coatings
shown in Tables 1 and 2.
TABLE 1—EMISSION LIMITS OF VOCS FOR LARGE APPLIANCE SURFACE COATINGS
[Weight of VOC per volume of coating solids, as applied]
Baked
Coating type
Kilograms
per liter
(kg/l)
General, One Component ...............................................................................................
General, Multi-Component ...............................................................................................
Extreme High Gloss .........................................................................................................
Extreme Performance ......................................................................................................
Heat Resistant .................................................................................................................
Metallic .............................................................................................................................
Pretreatment ....................................................................................................................
Solar Absorbent ...............................................................................................................
Air dried
Pounds per
gallon
(lb/gal)
0.40
0.40
0.55
0.55
0.55
0.55
0.55
0.55
kg/l
3.34
3.34
4.62
4.62
4.62
4.62
4.62
4.62
lb/gal
0.40
0.55
0.55
0.55
0.55
0.55
0.55
0.55
3.34
4.62
4.62
4.62
4.62
4.62
4.62
4.62
TABLE 2—EMISSION LIMITS OF VOCS FOR METAL FURNITURE SURFACE COATINGS
[Weight of VOC per volume of coating solids, as applied]
Baked
Air dried
Coating type
kg/l
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General, One Component ...............................................................................................
General, Multi-Component ...............................................................................................
Extreme High Gloss .........................................................................................................
Extreme Performance ......................................................................................................
Heat Resistant .................................................................................................................
Metallic .............................................................................................................................
Pretreatment ....................................................................................................................
Solar Absorbent ...............................................................................................................
The emission limits in Tables 1 and
2 provide consistency in the number of
significant digits. The emission limit of
3.3 lb/gal was revised to 3.34 lb/gal in
the Baked—‘‘General, One Component’’
and ‘‘General, Multi-Component’’ and in
the Air Dried—‘‘General, One
Component’’ coatings. The 4.62 lb/gal
emission limit in the Air Dried—
‘‘General, Multi-Component’’ and
‘‘Extreme High Gloss’’ coatings provides
consistency with the limit in section
129.52. Although the 4.62 lb/gal
emission limit is greater than the 4.5 lb/
gal emission limit recommended in the
CTGs, the difference is due to different
methodologies used for rounding during
the conversion from metric units to
English units. However, the emission
reduction that will be achieved is
equivalent. Further details of Tables 1
and 2 can be found in a Technical
Support Document (TSD) prepared for
this rulemaking. Additionally, the
regulation establishes applicability,
limitations, exempt solvents,
application techniques, and work
practices.
III. Final Action
Pennsylvania’s October 1, 2010 SIP
revision meets the CAA requirement to
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include RACT for sources covered by
the EPA CTGs for the large appliance
and metal furniture coating processes.
Therefore, EPA is approving the
Pennsylvania SIP revision for adoption
of the CTG standards for large appliance
and metal furniture coating processes.
EPA is publishing this rule without
prior proposal because EPA 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
October 24, 2011 without further notice
unless EPA receives adverse comment
by September 23, 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.
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lb/gal
0.40
0.40
0.61
0.61
0.61
0.61
0.61
0.61
3.34
3.34
5.06
5.06
5.06
5.06
5.06
5.06
kg/l
lb/gal
0.40
0.55
0.55
0.61
0.61
0.61
0.61
0.61
3.34
4.62
4.62
5.06
5.06
5.06
5.06
5.06
IV. Statutory and Executive Order
Reviews
A. General Requirements
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act
(5 U.S.C. 601 et seq.);
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Federal Register / Vol. 76, No. 164 / Wednesday, August 24, 2011 / Rules and Regulations
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the state, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
B. Submission to Congress and the
Comptroller General
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
State citation
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 October 24, 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
State
effective
date
Title/subject
and address the comment in the
proposed rulemaking. This action
pertaining to Pennsylvania’s adoption of
the CTG standards for large appliance
and metal furniture coating processes
may not be challenged later in
proceedings to enforce its requirements.
(See CAA 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: August 3, 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 129.51 and 129.52, and
adding an entry for Section 129.52a. 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 129—Standards for Sources
*
*
Sources of VOCs
*
General ...................................
*
12/18/10
Section 129.52 .........................
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*
*
Section 129.51 .........................
Surface coating processes .....
11/20/10
Section 129.52a .......................
Control of VOC emissions
from large appliance and
metal furniture surface coating processes.
9/11/10
*
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*
*
*
*
*
*
*
8/24/2011 [Insert page numParagraph 129.51(a) is
ber where the document beamended. The State effecgins].
tive date is 9/11/10.
8/24/2011 [Insert page numParagraph 129.52(i) is added.
ber where the document beThe State effective date is
gins].
9/11/10.
8/24/2011 [Insert page numNew section is added.
ber where the document begins].
*
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Federal Register / Vol. 76, No. 164 / Wednesday, August 24, 2011 / Rules and Regulations
*
*
*
*
holidays. The Docket Facility telephone
number is (703) 305–5805.
FOR FURTHER INFORMATION CONTACT: Ann
Sibold, Biopesticides and Pollution
Prevention Division (7511P), Office of
Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460–
0001; telephone number: (703) 305–
6502; e-mail address:
sibold.ann@epa.gov.
*
[FR Doc. 2011–21362 Filed 8–23–11; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2009–0087; FRL–8884–6]
Pseudomonas fluorescens Strain
CL145A; Exemption From the
Requirement of a Tolerance
SUPPLEMENTARY INFORMATION:
I. General Information
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
This regulation establishes an
exemption from the requirement of a
tolerance for residues of Pseudomonas
fluorescens strain CL145A in or on all
food commodities when applied as a
molluscicide. Marrone Bio Innovations,
Inc. (formerly Marrone Organic
Innovations, Inc.) submitted a petition
to EPA under the Federal Food, Drug,
and Cosmetic Act (FFDCA) requesting
an exemption from the requirement of a
tolerance. This regulation eliminates the
need to establish a maximum
permissible level for residues of
Pseudomonas fluorescens strain
CL145A under the FFDCA.
DATES: This regulation is effective
August 24, 2011. Objections and
requests for hearings must be received
on or before October 24, 2011, and must
be filed in accordance with the
instructions provided in 40 CFR part
178 (see also Unit I.C. of the
SUPPLEMENTARY INFORMATION).
ADDRESSES: EPA has established a
docket for this action under docket
identification (ID) number EPA–HQ–
OPP–2009–0087. All documents in the
docket are listed in the docket index
available at https://www.regulations.gov.
Although listed in the index, some
information is not publicly available,
e.g., 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 in the electronic docket at
https://www.regulations.gov, or, if only
available in hard copy, at the Office of
Pesticide Programs (OPP) Regulatory
Public Docket in Rm. S–4400, One
Potomac Yard (South Bldg.), 2777 S.
Crystal Dr., Arlington, VA. The Docket
Facility is open from 8:30 a.m. to 4 p.m.,
Monday through Friday, excluding legal
wreier-aviles on DSKGBLS3C1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
15:25 Aug 23, 2011
Jkt 223001
A. Does this action apply to me?
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, pesticide
manufacturer, hydroelectric power
facility operator or water supply system
operator. Potentially affected entities
may include, but are not limited to:
• Crop production (NAICS code 111).
• Animal production (NAICS code
112).
• Food manufacturing (NAICS code
311).
• Pesticide manufacturing (NAICS
code 32532).
• Hydroelectric power generation
(NAICS code 221111).
• Water supply and irrigation systems
(NAICS code 221310).
This listing is not intended to be
exhaustive, but rather provides a guide
for readers regarding entities likely to be
affected by this action. Other types of
entities not listed in this unit could also
be affected. The North American
Industrial Classification System
(NAICS) codes have been provided to
assist you and others in determining
whether this action might apply to
certain entities. If you have any
questions regarding the applicability of
this action to a particular entity, consult
the person listed under FOR FURTHER
INFORMATION CONTACT.
B. How can I get electronic access to
other related information?
You may access a frequently updated
electronic version of 40 CFR part 180
through the Government Printing
Office’s e-CFR site at https://
ecfr.gpoaccess.gov/cgi/t/text/textidx?&c=ecfr&tpl=/ecfrbrowse/Title40/
40tab_02.tpl. To access the harmonized
test guidelines referenced in this
document electronically, please go to
https://www.epa.gov/ocspp and select
‘‘Test Methods and Guidelines.’’
C. How can I file an objection or hearing
request?
Under FFDCA section 408(g),
21 U.S.C. 346a(g), any person may file
an objection to any aspect of this
PO 00000
Frm 00021
Fmt 4700
Sfmt 4700
52871
regulation and may also request a
hearing on those objections. You must
file your objection or request a hearing
on this regulation in accordance with
the instructions provided in 40 CFR part
178. To ensure proper receipt by EPA,
you must identify docket ID number
EPA–HQ–OPP–2009–0087 in the subject
line on the first page of your
submission. All objections and requests
for a hearing must be in writing, and
must be received by the Hearing Clerk
on or before October 24, 2011.
Addresses for mail and hand delivery of
objections and hearing requests are
provided in 40 CFR 178.25(b).
In addition to filing an objection or
hearing request with the Hearing Clerk
as described in 40 CFR part 178, please
submit a copy of the filing that does not
contain any CBI for inclusion in the
public docket. Information not marked
confidential pursuant to 40 CFR part 2
may be disclosed publicly by EPA
without prior notice. Submit a copy of
your non-CBI objection or hearing
request, identified by docket ID number
EPA–HQ–OPP–2009–0087, by one of
the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the on-line
instructions for submitting comments.
• Mail: OPP Regulatory Public Docket
(7502P), Environmental Protection
Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460–0001.
• Delivery: OPP Regulatory Public
Docket (7502P), Environmental
Protection Agency, Rm. S–4400, One
Potomac Yard (South Bldg.), 2777 S.
Crystal Dr., Arlington, VA. Deliveries
are only accepted during the Docket
Facility’s normal hours of operation
(8:30 a.m. to 4 p.m., Monday through
Friday, excluding legal holidays).
Special arrangements should be made
for deliveries of boxed information. The
Docket Facility telephone number is
(703) 305–5805.
II. Background and Statutory Findings
In the Federal Register of March 16,
2009 (74 FR 11100) (FRL–8405–1), EPA
issued a notice pursuant to section
408(d)(3) of FFDCA, 21 U.S.C.
346a(d)(3), announcing the filing of a
pesticide tolerance petition (PP 9F7511)
by Marrone Bio Innovations, Inc.
(formerly Marrone Organic Innovations,
Inc.), 2121 Second Street, Suite B–107,
Davis, CA 95618. The petition requested
that 40 CFR part 180 be amended by
establishing an exemption from the
requirement of a tolerance for residues
of Pseudomonas fluorescens strain
CL145A in or on all food commodities
when applied as a molluscicide. This
notice referenced a summary of the
petition prepared by the petitioner,
E:\FR\FM\24AUR1.SGM
24AUR1
]]>Agencies
[Federal Register Volume 76, Number 164 (Wednesday, August 24, 2011)]
[Rules and Regulations]
[Pages 52867-52871]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-21362]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2011-0509; FRL-9453-7]
Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Adoption of Control Techniques Guidelines for Large
Appliance and Metal Furniture Coatings
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is taking direct final action to approve a State
Implementation Plan (SIP) revision submitted by the Pennsylvania
Department of the Environmental Protection (PADEP). This SIP revision
includes amendments to the Commonwealth of Pennsylvania's regulation 25
Pa. Code Chapter 129 (relating to standards for sources) and meets the
requirement to adopt Reasonably Available Control Technology (RACT) for
sources covered by EPA's Control Techniques Guidelines (CTG) standards
for large appliance and metal furniture coatings. These amendments will
reduce emissions of volatile organic compound (VOC) emissions from
large appliance and metal furniture coating facilities. Therefore, this
revision will help the Commonwealth of 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 October 24, 2011 without further
notice, unless EPA receives adverse written comment by September 23,
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-2011-0509, by one of the following methods:
A. https://www.regulations.gov. Follow the on-line instructions for
submitting comments.
B. E-mail: fernandez.cristina@epa.gov.
C. Mail: EPA-R03-OAR-2011-0509, Cristina Fernandez, 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-
2011-0509. 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
[[Page 52868]]
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.
FOR FURTHER INFORMATION CONTACT: Gregory Becoat, (215) 814-2036, or by
e-mail at becoat.gregory@epa.gov.
SUPPLEMENTARY INFORMATION: On October 1, 2010, PADEP submitted to EPA a
SIP revision concerning the adoption of the EPA CTGs for large
appliance and metal furniture 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.
EPA defines RACT as ``the lowest emission limitation that a
particular source is capable of meeting by the application of control
technology that is reasonably available considering technological and
economic feasibility.'' (44 FR 53761, September 17, 1979). In
subsequent Federal Register notices, EPA has addressed how states can
meet the RACT requirements of the CAA.
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 and metal
furniture 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 provides recommendations for RACT for VOCs from large appliance
coatings and metal furniture coatings.
In December 1977, EPA published CTGs for large appliance coatings
(EPA-450/2-77-034) and surface coating of metal furniture (EPA-450/2-
77-032). These CTGs discuss the nature of VOC emissions from these
industries, available control 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 large appliance coatings in 1982 (40 CFR part 60,
subpart SS) and surface coating of metal furniture in 1982 (40 CFR part
60, subpart EE). The NSPS requires VOC emissions limits based on VOC
content of low VOC coating materials. EPA also published a national
emission standard for hazardous air pollutants (NESHAP) for large
appliance coatings in 2002 (40 CFR part 63, subpart NNNN) and surface
coating of metal furniture in 2003 (40 CFR part 63, subpart RRRR). The
NESHAP establishes national emission standards for hazardous air
pollutants and emissions limits based on the organic hazardous air
pollutants (HAP) content of low organic HAP coating materials.
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) and surface coating
of metal furniture, entitled Control Techniques Guidelines for Metal
Furniture Coatings (Publication No. EPA 453/R-07-005; September 2007).
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. VOC
emissions from large appliance and metal furniture surface coating
processes result from the evaporation of the components of the coatings
and cleaning materials.
II. Summary of SIP Revision
On October 1, 2010, PADEP submitted to EPA a SIP revision
concerning the adoption of the EPA CTGs for large appliance and metal
furniture coatings. EPA develops CTGs as guidance on control
requirements for source categories. States can follow the CTGs or adopt
more restrictive standards. PADEP amended existing regulations at 25
Pa. Code sections 129.51 and 129.52 (relating to general and surface
coating processes) and added section 129.52(a) (relating to control of
VOC emissions from large appliance and metal furniture surface coating
processes) in order to control VOC emissions from large appliance and
metal furniture surface coating processes. This action affects sources
that use large appliance and metal furniture surface coating processes
in the Commonwealth of Pennsylvania.
Regulation, section 129.51(a), entitled ``Equivalency'' includes
large appliance and metal furniture surface coating processes and
provides an alternative method for owners and operators of facilities
to achieve compliance with air emission limits. Regulation, section
129.52, entitled ``Surface coating processes'' specifies the
requirements and emission limits for various surface coating processes.
Section 129.52 also establishes that the requirements and limits for
metal furniture coatings and large appliance coatings already specified
in this section are superseded by the requirements and limits in
section 129.52(a) (relating to control of VOC emissions from large
appliance and metal furniture surface coating processes). New
regulation, section 129.52(a), entitled ``Control of VOC emissions from
large appliance and metal furniture surface coating processes''
establishes the following emissions limits of VOCs for large
[[Page 52869]]
appliance and metal surface coatings shown in Tables 1 and 2.
Table 1--Emission Limits of VOCs for Large Appliance Surface Coatings
[Weight of VOC per volume of coating solids, as applied]
----------------------------------------------------------------------------------------------------------------
Baked Air dried
---------------------------------------------------
Coating type Kilograms Pounds per
per liter gallon (lb/ kg/l lb/gal
(kg/l) gal)
----------------------------------------------------------------------------------------------------------------
General, One Component...................................... 0.40 3.34 0.40 3.34
General, Multi-Component.................................... 0.40 3.34 0.55 4.62
Extreme High Gloss.......................................... 0.55 4.62 0.55 4.62
Extreme Performance......................................... 0.55 4.62 0.55 4.62
Heat Resistant.............................................. 0.55 4.62 0.55 4.62
Metallic.................................................... 0.55 4.62 0.55 4.62
Pretreatment................................................ 0.55 4.62 0.55 4.62
Solar Absorbent............................................. 0.55 4.62 0.55 4.62
----------------------------------------------------------------------------------------------------------------
Table 2--Emission Limits of VOCs for Metal Furniture Surface Coatings
[Weight of VOC per volume of coating solids, as applied]
----------------------------------------------------------------------------------------------------------------
Baked Air dried
Coating type ---------------------------------------------------
kg/l lb/gal kg/l lb/gal
----------------------------------------------------------------------------------------------------------------
General, One Component...................................... 0.40 3.34 0.40 3.34
General, Multi-Component.................................... 0.40 3.34 0.55 4.62
Extreme High Gloss.......................................... 0.61 5.06 0.55 4.62
Extreme Performance......................................... 0.61 5.06 0.61 5.06
Heat Resistant.............................................. 0.61 5.06 0.61 5.06
Metallic.................................................... 0.61 5.06 0.61 5.06
Pretreatment................................................ 0.61 5.06 0.61 5.06
Solar Absorbent............................................. 0.61 5.06 0.61 5.06
----------------------------------------------------------------------------------------------------------------
The emission limits in Tables 1 and 2 provide consistency in the
number of significant digits. The emission limit of 3.3 lb/gal was
revised to 3.34 lb/gal in the Baked--``General, One Component'' and
``General, Multi-Component'' and in the Air Dried--``General, One
Component'' coatings. The 4.62 lb/gal emission limit in the Air Dried--
``General, Multi-Component'' and ``Extreme High Gloss'' coatings
provides consistency with the limit in section 129.52. Although the
4.62 lb/gal emission limit is greater than the 4.5 lb/gal emission
limit recommended in the CTGs, the difference is due to different
methodologies used for rounding during the conversion from metric units
to English units. However, the emission reduction that will be achieved
is equivalent. Further details of Tables 1 and 2 can be found in a
Technical Support Document (TSD) prepared for this rulemaking.
Additionally, the regulation establishes applicability, limitations,
exempt solvents, application techniques, and work practices.
III. Final Action
Pennsylvania's October 1, 2010 SIP revision meets the CAA
requirement to include RACT for sources covered by the EPA CTGs for the
large appliance and metal furniture coating processes. Therefore, EPA
is approving the Pennsylvania SIP revision for adoption of the CTG
standards for large appliance and metal furniture coating processes.
EPA is publishing this rule without prior proposal because EPA 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 October 24, 2011 without further notice
unless EPA receives adverse comment by September 23, 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.
IV. Statutory and Executive Order Reviews
A. General Requirements
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
[[Page 52870]]
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
B. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
C. Petitions for Judicial Review
Under section 307(b)(1) of the 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 October 24, 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 Pennsylvania's
adoption of the CTG standards for large appliance and metal furniture
coating processes may not be challenged later in proceedings to enforce
its requirements. (See CAA 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: August 3, 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 129.51 and 129.52, and adding an
entry for Section 129.52a. The amendments read as follows:
Sec. 52.2020 Identification of plan.
* * * * *
(c) * * *
(1) * * *
----------------------------------------------------------------------------------------------------------------
State Additional
State citation Title/subject effective EPA approval date explanation Sec.
date 52.2063 citation
----------------------------------------------------------------------------------------------------------------
Title 25--Environmental Protection
Article III--Air Resources
* * * * * * *
Chapter 129--Standards for Sources
* * * * * * *
Sources of VOCs
* * * * * * *
Section 129.51................... General............. 12/18/10 8/24/2011 [Insert Paragraph 129.51(a)
page number where is amended. The
the document State effective
begins]. date is 9/11/10.
Section 129.52................... Surface coating 11/20/10 8/24/2011 [Insert Paragraph 129.52(i)
processes. page number where is added. The State
the document effective date is 9/
begins]. 11/10.
Section 129.52a.................. Control of VOC 9/11/10 8/24/2011 [Insert New section is
emissions from page number where added.
large appliance and the document
metal furniture begins].
surface coating
processes.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[[Page 52871]]
* * * * *
[FR Doc. 2011-21362 Filed 8-23-11; 8:45 am]
BILLING CODE 6560-50-P
