Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Adhesives and Sealants Rule, 53369-53371 [2011-21936]
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Federal Register / Vol. 76, No. 166 / Friday, August 26, 2011 / Proposed Rules
exists to estimate how such compliance
will change during full implementation?
9. We seek comments on measure
number 2 described above to require use
of longer reboarding ladders. We
understand that the American Boat and
Yacht Council (ABYC) has a proposed
revision to ABYC Standard H–41—
Reboarding Means, Ladders, Handholds,
Rails, and Lifelines, that would address
longer ladders. Are there other
consensus industry standards
addressing longer ladders?
10. What percentage of new
recreational vessels are sold with a
swim ladder installed? What percentage
of existing recreational vessels currently
have a swim ladder installed? What is
the typical length of a swim ladder that
recreational vessel manufacturers
currently install?
11. What are the costs for installation
of a reboarding ladder?
12. What data or information exists
that could be used to estimate
compliance rates of measure number 2?
What data exists to estimate how such
compliance will change during full
implementation?
13. We seek comments on measure
number 3 described above to require use
of boarding ladder or swim platform
entrance gate ‘‘interlocks’’ on new
recreational vessels. Are there any
consensus industry standards
addressing interlocks or any such
standards in development?
14. What are the costs for installation
of a boarding ladder or swim platform
entrance gate interlock system? What
are the costs associated with
maintenance of these systems?
15. What data or information exists
that could be used to estimate
compliance rates of measure number 3?
What data exists to estimate how such
compliance will change during full
implementation?
16. What is the risk of device failures
or unintended activations of the
boarding ladder or swim platform
entrance gate interlocks? What is the
current estimated rate of unintended
activations? What are the impacts of
unintended activations? Are there any
injuries or fatalities associated with
unintended activations?
17. What other measures or strategies
would prevent propeller strike-related
or CO poisoning-related casualties?
18. Since the enactment of the
aforementioned State laws (CA, NV, OR,
PA, WA), has there been a change in the
count and rate of CO poisoning-related
casualties in these States? Is there any
quantitative data, measures, metrics,
studies, or other related evidence on the
effectiveness of these State laws?
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19. Should any of the above-listed
measures, or other measures or
strategies to prevent propeller strikerelated and CO poisoning-related
casualties, be limited to specific
recreational vessel types or lengths, or
to some other criteria?
20. Would any of the above-listed
specific measures have a significant
economic impact on a substantial
number of small entities? What sources
of data or information exist detailing the
economic impact on small entities
which may result from the use of these
specific measures to avoid propeller
strike-related and CO poisoning-related
casualties?
Dated: August 8, 2011.
James A. Watson,
Rear Admiral, U.S. Coast Guard, Director of
Prevention Policy.
[FR Doc. 2011–21866 Filed 8–25–11; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2011–0617; FRL–9457–1]
Approval and Promulgation of Air
Quality Implementation Plans;
Pennsylvania; Adhesives and Sealants
Rule
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
EPA is proposing to approve
State Implementation Plan (SIP)
revision submitted by the
Commonwealth of Pennsylvania. The
SIP revision pertains to amendments to
25 Pennsylvania Code (Pa. Code)
Chapters 121, 129, and 130, relating to
control of emissions of volatile organic
compounds (VOC) from the
manufacture, sale, use, or application of
adhesives, sealants, primers, and
solvents. The revision also amends
related definitions. This action is being
taken under the Clean Air Act (CAA).
DATES: Written comments must be
received on or before September 26,
2011.
ADDRESSES: Submit your comments,
identified by Docket ID Number EPA–
R03–OAR–2011–0617 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–2011–0617,
Cristina Fernandez, Associate Director,
SUMMARY:
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53369
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 Number EPA–R03–OAR–
2011–0617. EPA’s policy is that all
comments received will be included in
the public docket without change, and
may be made available online at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through https://
www.regulations.gov or e-mail. The
https://www.regulations.gov Web site is
an ‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA without going through https://
www.regulations.gov, your e-mail
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses.
Docket: All documents in the
electronic docket are listed in the https://
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, i.e., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the Internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available either
electronically in https://
www.regulations.gov or in hard copy
during normal business hours at the Air
Protection Division, U.S. Environmental
Protection Agency, Region III, 1650
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Federal Register / Vol. 76, No. 166 / Friday, August 26, 2011 / Proposed Rules
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
January 12, 2011, the Pennsylvania
Department of Environmental Protection
(PADEP) submitted a revision to the
Pennsylvania SIP. The SIP revision
consists of Pennsylvania’s amendments
to 25 Pa. Code Chapters 121, 129, and
130 relating to general provisions,
standards for sources, and standards for
products. The amendments are part of
Pennsylvania’s strategy to achieve and
maintain the 8-hour ozone national
ambient air quality standard (NAAQS)
throughout the Commonwealth.
The SIP revision consists of the
following amendments:
A. Amendments to 25 Pa. Code Chapter
121—General Provisions
The amendments to section 121.1—
Definitions, add definitions for 53 new
terms, including those that relate to the
adhesive, sealant, primer, and solvent
product categories regulated under
section 129.77 and Chapter 130,
Subchapter D and amends definitions
for 9 existing terms for clarity, style, and
format or to explain new product
categories.
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B. Amendments to 25 Pa. Code Chapter
129—Standards for Sources of VOCs
The revision amends section
129.51(a)—Equivalency, in order to
include adhesives, sealants, primers,
and solvents covered by section 129.77,
entitled ‘‘Control of emissions from the
use or application of adhesives,
sealants, primers and solvents.’’ Section
129.51(a) provides an alternative
method for owners and operators of
facilities to achieve compliance with air
emission limits.
The Ozone Transport Commission
(OTC) states developed a model rule
‘‘OTC Model Rule For Adhesives and
Sealants’’ dated 2006 which was based
on the 1998 California Air Resources
Board (CARB) reasonably available
control technology (RACT)
determination. This RACT
determination applied to both the
manufacture and use of adhesives,
sealants, adhesive primers, or sealant
primers, in both industrial and
manufacturing facilities and in the field.
California Air Districts used this
determination to develop regulations for
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this category. EPA addressed this source
category with a Control Techniques
Guideline (CTG) document for
Miscellaneous Industrial Adhesives
dated September 2008. This CTG was
developed in response to section 183(e)
of the CAA requirement for EPA to
study and regulate consumer and
commercial products, which is included
in EPA’s Report to Congress, ‘‘Study of
Volatile Organic Compound Emissions
from Consumer and Commercial
Products—Comprehensive Emissions
Inventory.’’
The miscellaneous industrial
adhesives category was limited to
adhesives and adhesive primers used in
industrial and manufacturing operations
and did not include products applied in
the field. Therefore, the OTC model rule
and state efforts in developing
individual regulations preceded EPA’s
CTG for this source category and were
broader in applicability.
The new section 129.77 adds
regulations that: (a) Set standards for the
application of adhesives, sealants,
adhesive primers, and sealant primers
by providing options for appliers either
to use a product with a VOC content
equal to or less than a specified limit or
to use add-on controls; (b) establish that
owners or operators may not use or
apply at the facility an adhesive,
sealant, adhesive primer, sealant primer,
surface preparation, or cleanup solvent
that exceeds the VOC content limits; (c)
specify requirements for owners or
operators of a facility that uses or
applies a surface preparation solvent or
cleanup solvent or removes an adhesive,
sealant, adhesive primer, and sealant
primer from the parts of spray
application equipment; (d) provide for
an alternative add-on control system
requirement of at least 85 percent
overall control efficiency (capture and
destruction), by weight; (e) specify
requirements for proper storage and
disposal, work practices, surface
preparation, and cleanup solvent
composition; and (f) specify
exemptions, as well as registration and
product labeling requirements,
recordkeeping requirements, and test
methods and compliance procedures.
C. Amendments to 25 Pa. Code Chapter
130 Subchapter D—Adhesives,
Sealants, Primers, and Solvents
General Provisions
The new 25 Pa. Code Chapter 130
Subchapter D adds regulations that: (a)
Set emission standards and VOC
content limits for the sale, supply, offer
for sale, manufacture, use, or
application of adhesive, sealant,
adhesive primer, and sealant primer
products; (b) set emission standards and
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VOC content limits for the sale, supply,
offer for sale, manufacture, use, or
application sealant products applied to
certain substrates, surface preparation
solvents, and cleanup solvents; (c)
establish requirements for surface
preparation solvent or cleanup solvent,
removal methods, and proper storage
and disposal; (d) establish that a person
may not solicit the use of a product if
application would result in a violation
of the applicable VOC content limit; (e)
specify exemptions for an adhesive,
sealant, adhesive primer, or sealant
primer product; and (f) specify
recordkeeping requirements, test
methods, registration, and product
labeling requirements and compliance
procedures.
A detailed summary of EPA’s review
of and rationale for proposing to
approve this SIP revision may be found
in the Technical Support Document
(TSD) for this action which is available
on-line at https://www.regulations.gov,
Docket number EPA–R03–OAR–2011–
0617.
III. Proposed Action
EPA is proposing to approve the
Pennsylvania SIP revision amending
section 121.1 ‘‘Definitions’’ and section
129.51(a) ‘‘Equivalency’’ of 25 Pa. Code
Chapter 129. EPA is also proposing to
approve the Pennsylvania SIP revisions
adding section 129.77 ‘‘Control of
emissions from the use or application of
adhesives, sealants, primers, and
solvents’’ of 25 Pa. Code Chapter 129
and 25 Pa. Code Chapter 130
Subchapter D ‘‘Adhesives, Sealants,
Primers, and Solvents General
Provisions.’’ EPA is soliciting public
comments on the issues discussed in
this document. These comments will be
considered before taking final action.
IV. Statutory and Executive Order
Reviews
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 proposes to approve state law as
meeting Federal requirements and does
not impose additional requirements
beyond those imposed by state law. For
that reason, this proposed 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);
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Federal Register / Vol. 76, No. 166 / Friday, August 26, 2011 / Proposed Rules
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act
(5 U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this proposed rule,
pertaining to Pennsylvania’s control of
VOCs from adhesives and sealants, 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.
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List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: August 11, 2011.
W.C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2011–21936 Filed 8–25–11; 8:45 am]
BILLING CODE 6560–50–P
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 60 and 63
[EPA–HQ–OAR–2010–0505; FRL–9456–2]
RIN 2060–AP76
Oil and Natural Gas Sector: New
Source Performance Standards and
National Emission Standards for
Hazardous Air Pollutants Reviews
Environmental Protection
Agency (EPA).
ACTION: Proposed rule; Announcement
of public hearings.
AGENCY:
The EPA published in the
Federal Register on August 23, 2011,
the proposed rule, ‘‘Oil and Natural Gas
Sector: New Source Performance
Standards and National Emission
Standards for Hazardous Air Pollutants
Reviews.’’ The EPA is announcing three
public hearings to be held for the
proposed rule.
DATES: The public hearings will be held
on September 27, 2011, September 28,
2011, and September 29, 2011.
ADDRESSES: The public hearings will be
held on September 27, 2011, in
Pittsburgh, Pennsylvania, September 28,
2011, in Denver, Colorado, and
September 29, 2011, in Arlington,
Texas. The September 27, 2011, public
hearing will be held at the David L.
Lawrence Convention Center in Rooms
315–316, located at 1000 Ft. Duquesne
Blvd., Pittsburgh, Pennsylvania 15222;
telephone: (412) 565–6000. The
September 28, 2011, public hearing will
be held at the Colorado Convention
Center in Room 207, located at 700 14th
Street, Denver, Colorado 80202;
telephone: (303) 228–8000. The
September 29, 2011, public hearing will
be held at the Arlington Municipal
Building in the City Council Chambers
located at 101 W. Abram Street,
Arlington, Texas 76010; telephone:
(817) 459–6122.
The three public hearings will
convene at 9 a.m. and will continue
until 8 p.m. (local time). The EPA will
make every effort to accommodate all
speakers that arrive and register before
8 p.m. A lunch break is scheduled from
12:30 p.m. until 2 p.m. and a dinner
break is scheduled from 5 p.m. until
6:30 p.m. The EPA’s Web site for the
rulemaking, which includes the
proposal and information about the
hearings, can be found at: https://
www.epa.gov/airquality/oilandgas/.
FOR FURTHER INFORMATION CONTACT: If
you would like to present oral testimony
at the public hearing, please contact Ms.
Joan C. Rogers, U.S. Environmental
SUMMARY:
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53371
Protection Agency, Office of Air Quality
Planning and Standards, Sector Policies
and Programs Division (E143–03),
Research Triangle Park, North Carolina
27711; telephone: (919) 541–4487; fax
number: (919) 541–3470; e-mail address:
rogers.joanc@epa.gov (preferred method
for registering), no later than by 4 p.m.
(Eastern Standard Time), 2 business
days prior to each hearing. The last day
to register to present oral testimony in
advance will be Friday, September 23,
2011, for the Pittsburgh, Pennsylvania,
public hearing; Monday, September 26,
2011, for the Denver, Colorado, public
hearing; and Tuesday, September 27,
2011, for the Arlington, Texas, public
hearing. If using e-mail, please provide
the following information: The time you
wish to speak (morning, afternoon or
evening), name, affiliation, address,
e-mail address and telephone and fax
numbers. Time slot preferences will be
given in the order requests are received.
Requests to speak will be taken the day
of each of the hearings at the hearing
registration desk, although preferences
on speaking times may not be able to be
fulfilled. If you will require the service
of a translator, please let us know at the
time of registration.
Questions concerning the August 23,
2011 (76 FR 52738), proposed rule
should be addressed to Bruce Moore,
Office of Air Quality Planning and
Standards, Sector Policies and Programs
Division (E143–05), Environmental
Protection Agency, Research Triangle
Park, North Carolina 27711; telephone
number: (919) 541–5460; facsimile
number: (919) 541–3470; e-mail address:
moore.bruce@epa.gov.
Public hearing: The proposal for
which the EPA is holding the public
hearings was published in the Federal
Register on Tuesday, August 23, 2011
(76 FR 52738), and is available at:
https://www.epa.gov/airquality/
oilandgas/ and also in the docket
identified below. The public hearings
will provide interested parties the
opportunity to present oral comments
regarding the EPA’s proposed standards,
including data, views or arguments
concerning the proposal. The EPA may
ask clarifying questions during the oral
presentations, but will not respond to
the presentations at that time. Written
statements and supporting information
submitted during the comment period
will be considered with the same weight
as any oral comments and supporting
information presented at the public
hearing.
Commenters should notify Ms. Rogers
if they will need specific equipment or
if there are other special needs related
to providing comments at the public
hearings. The EPA will provide
E:\FR\FM\26AUP1.SGM
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Agencies
[Federal Register Volume 76, Number 166 (Friday, August 26, 2011)]
[Proposed Rules]
[Pages 53369-53371]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-21936]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2011-0617; FRL-9457-1]
Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Adhesives and Sealants Rule
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: EPA is proposing to approve State Implementation Plan (SIP)
revision submitted by the Commonwealth of Pennsylvania. The SIP
revision pertains to amendments to 25 Pennsylvania Code (Pa. Code)
Chapters 121, 129, and 130, relating to control of emissions of
volatile organic compounds (VOC) from the manufacture, sale, use, or
application of adhesives, sealants, primers, and solvents. The revision
also amends related definitions. This action is being taken under the
Clean Air Act (CAA).
DATES: Written comments must be received on or before September 26,
2011.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2011-0617 by one of the following methods:
A. http:[sol][sol]www.regulations.gov. Follow the on-line
instructions for submitting comments.
B. E-mail: fernandez.cristina@epa.gov.
C. Mail: EPA-R03-OAR-2011-0617, 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 Number EPA-R03-OAR-
2011-0617. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at http:[sol][sol]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
http:[sol][sol]www.regulations.gov or e-mail. The
http:[sol][sol]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
http:[sol][sol]www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
Docket: All documents in the electronic docket are listed in the
http:[sol][sol]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
http:[sol][sol]www.regulations.gov or in hard copy during normal
business hours at the Air Protection Division, U.S. Environmental
Protection Agency, Region III, 1650
[[Page 53370]]
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 January 12, 2011, the Pennsylvania
Department of Environmental Protection (PADEP) submitted a revision to
the Pennsylvania SIP. The SIP revision consists of Pennsylvania's
amendments to 25 Pa. Code Chapters 121, 129, and 130 relating to
general provisions, standards for sources, and standards for products.
The amendments are part of Pennsylvania's strategy to achieve and
maintain the 8-hour ozone national ambient air quality standard (NAAQS)
throughout the Commonwealth.
The SIP revision consists of the following amendments:
A. Amendments to 25 Pa. Code Chapter 121--General Provisions
The amendments to section 121.1--Definitions, add definitions for
53 new terms, including those that relate to the adhesive, sealant,
primer, and solvent product categories regulated under section 129.77
and Chapter 130, Subchapter D and amends definitions for 9 existing
terms for clarity, style, and format or to explain new product
categories.
B. Amendments to 25 Pa. Code Chapter 129--Standards for Sources of VOCs
The revision amends section 129.51(a)--Equivalency, in order to
include adhesives, sealants, primers, and solvents covered by section
129.77, entitled ``Control of emissions from the use or application of
adhesives, sealants, primers and solvents.'' Section 129.51(a) provides
an alternative method for owners and operators of facilities to achieve
compliance with air emission limits.
The Ozone Transport Commission (OTC) states developed a model rule
``OTC Model Rule For Adhesives and Sealants'' dated 2006 which was
based on the 1998 California Air Resources Board (CARB) reasonably
available control technology (RACT) determination. This RACT
determination applied to both the manufacture and use of adhesives,
sealants, adhesive primers, or sealant primers, in both industrial and
manufacturing facilities and in the field. California Air Districts
used this determination to develop regulations for this category. EPA
addressed this source category with a Control Techniques Guideline
(CTG) document for Miscellaneous Industrial Adhesives dated September
2008. This CTG was developed in response to section 183(e) of the CAA
requirement for EPA to study and regulate consumer and commercial
products, which is included in EPA's Report to Congress, ``Study of
Volatile Organic Compound Emissions from Consumer and Commercial
Products--Comprehensive Emissions Inventory.''
The miscellaneous industrial adhesives category was limited to
adhesives and adhesive primers used in industrial and manufacturing
operations and did not include products applied in the field.
Therefore, the OTC model rule and state efforts in developing
individual regulations preceded EPA's CTG for this source category and
were broader in applicability.
The new section 129.77 adds regulations that: (a) Set standards for
the application of adhesives, sealants, adhesive primers, and sealant
primers by providing options for appliers either to use a product with
a VOC content equal to or less than a specified limit or to use add-on
controls; (b) establish that owners or operators may not use or apply
at the facility an adhesive, sealant, adhesive primer, sealant primer,
surface preparation, or cleanup solvent that exceeds the VOC content
limits; (c) specify requirements for owners or operators of a facility
that uses or applies a surface preparation solvent or cleanup solvent
or removes an adhesive, sealant, adhesive primer, and sealant primer
from the parts of spray application equipment; (d) provide for an
alternative add-on control system requirement of at least 85 percent
overall control efficiency (capture and destruction), by weight; (e)
specify requirements for proper storage and disposal, work practices,
surface preparation, and cleanup solvent composition; and (f) specify
exemptions, as well as registration and product labeling requirements,
recordkeeping requirements, and test methods and compliance procedures.
C. Amendments to 25 Pa. Code Chapter 130 Subchapter D--Adhesives,
Sealants, Primers, and Solvents General Provisions
The new 25 Pa. Code Chapter 130 Subchapter D adds regulations that:
(a) Set emission standards and VOC content limits for the sale, supply,
offer for sale, manufacture, use, or application of adhesive, sealant,
adhesive primer, and sealant primer products; (b) set emission
standards and VOC content limits for the sale, supply, offer for sale,
manufacture, use, or application sealant products applied to certain
substrates, surface preparation solvents, and cleanup solvents; (c)
establish requirements for surface preparation solvent or cleanup
solvent, removal methods, and proper storage and disposal; (d)
establish that a person may not solicit the use of a product if
application would result in a violation of the applicable VOC content
limit; (e) specify exemptions for an adhesive, sealant, adhesive
primer, or sealant primer product; and (f) specify recordkeeping
requirements, test methods, registration, and product labeling
requirements and compliance procedures.
A detailed summary of EPA's review of and rationale for proposing
to approve this SIP revision may be found in the Technical Support
Document (TSD) for this action which is available on-line at https://www.regulations.gov, Docket number EPA-R03-OAR-2011-0617.
III. Proposed Action
EPA is proposing to approve the Pennsylvania SIP revision amending
section 121.1 ``Definitions'' and section 129.51(a) ``Equivalency'' of
25 Pa. Code Chapter 129. EPA is also proposing to approve the
Pennsylvania SIP revisions adding section 129.77 ``Control of emissions
from the use or application of adhesives, sealants, primers, and
solvents'' of 25 Pa. Code Chapter 129 and 25 Pa. Code Chapter 130
Subchapter D ``Adhesives, Sealants, Primers, and Solvents General
Provisions.'' EPA is soliciting public comments on the issues discussed
in this document. These comments will be considered before taking final
action.
IV. Statutory and Executive Order Reviews
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 proposes to approve state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this proposed 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);
[[Page 53371]]
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this proposed rule, pertaining to Pennsylvania's
control of VOCs from adhesives and sealants, 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.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Ozone, Reporting
and recordkeeping requirements, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: August 11, 2011.
W.C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2011-21936 Filed 8-25-11; 8:45 am]
BILLING CODE 6560-50-P