Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Allegheny County's Adoption of Control Techniques Guidelines for Four Industry Categories for Control of Volatile Organic Compound Emissions, 51515-51517 [2014-20688]
Download as PDF
Federal Register / Vol. 79, No. 168 / Friday, August 29, 2014 / Proposed Rules
wreier-aviles on DSK5TPTVN1PROD with PROPOSALS
1. Is this method, both with respect to
the process for obtaining consent for an
initial operator and any subsequent
operators, already covered by existing
methods enumerated in § 312.5(b)(1) of
the Rule?
2. If this is a new method, provide
comments on whether the proposed
parental consent method, both with
respect to an initial operator and any
subsequent operators, meets the
requirements for parental consent laid
out in 16 CFR 312.5(b)(1). Specifically,
the Commission is looking for
comments on whether the proposed
parental consent method is reasonably
calculated, in light of available
technology, to ensure that the person
providing consent is the child’s parent.
3. Does this proposed method pose a
risk to consumers’ personal
information? If so, is that risk
outweighed by the benefit to consumers
and businesses of using this method?
Section C. Invitation To Comment
You can file a comment online or on
paper. For the Commission to consider
your comment, we must receive it on or
before September 30, 2014. Write
‘‘AgeCheq Application for Parental
Consent Method, Project No.
P–145410’’ on your comment. Your
comment—including your name and
your state—will be placed on the public
record of this proceeding, including, to
the extent practicable, on the
Commission Web site, at https://
www.ftc.gov/os/publiccomments.shtm.
As a matter of discretion, the
Commission tries to remove individuals’
home contact information from
comments before placing them on the
Commission Web site.
Because your comment will be made
public, you are solely responsible for
making sure that your comment doesn’t
include any sensitive personal
information, such as Social Security
number, date of birth, driver’s license
number or other state identification
number or foreign country equivalent,
passport number, financial account
number, or credit or debit card number.
You are also solely responsible for
making sure that your comment does
not include any sensitive health
information, including medical records
or other individually identifiable health
information. In addition, do not include
any ‘‘[t]rade secret or any commercial or
financial information which is . . .
privileged or confidential,’’ as provided
in Section 6(f) of the FTC Act, 15 U.S.C.
46(f), and FTC Rule 4.10(a)(2), 16 CFR
4.10(a)(2). In particular, do not include
competitively sensitive information
such as costs, sales statistics,
inventories, formulas, patterns, devices,
VerDate Mar<15>2010
15:20 Aug 28, 2014
Jkt 232001
manufacturing processes, or customer
names.
If you want the Commission to give
your comment confidential treatment,
you must file it in paper form, with a
request for confidential treatment, and
follow the procedure explained in FTC
Rule 4.9(c), 16 CFR 4.9(c).5 Your
comment will be kept confidential only
if the FTC General Counsel, in his or her
sole discretion, grants your request in
accordance with the law and the public
interest.
Postal mail addressed to the
Commission is subject to delay due to
heightened security screening. As a
result, we encourage you to submit your
comments online. To make sure that the
Commission considers your online
comment, you must file it at https://
ftcpublic.commentworks.com/ftc/
coppaagecheqapp, by following the
instructions on the web-based form. If
this Notice appears at https://
www.regulations.gov/#!home, you also
may file a comment through that Web
site.
If you file your comment on paper,
write ‘‘AgeCheq Application for
Parental Consent Method, Project No.
P–145410’’ on your comment and on the
envelope, and mail it to the following
address: Federal Trade Commission,
Office of the Secretary, 600
Pennsylvania Avenue NW., Suite CC–
5610 (Annex K), Washington, DC 20580,
or deliver your comment to the
following address: Federal Trade
Commission, Office of the Secretary,
Constitution Center, 400 7th Street SW.,
5th Floor, Suite 5610 (Annex K),
Washington, DC 20024. If possible,
submit your paper comment to the
Commission by courier or overnight
service.
Visit the Commission Web site at
https://www.ftc.gov to read this Notice
and the news release describing it. The
FTC Act and other laws that the
Commission administers permit the
collection of public comments to
consider and use in this proceeding as
appropriate. The Commission will
consider all timely and responsive
public comments that it receives on or
before September 30, 2014. You can find
more information, including routine
uses permitted by the Privacy Act, in
the Commission’s privacy policy, at
https://www.ftc.gov/ftc/privacy.htm.
5 In particular, the written request for confidential
treatment that accompanies the comment must
include the factual and legal basis for the request,
and must identify the specific portions of the
comment to be withheld from the public record. See
FTC Rule 4.9(c), 16 CFR 4.9(c).
PO 00000
Frm 00008
Fmt 4702
Sfmt 4702
51515
By direction of the Commission.
Janice Podoll Frankle,
Acting Secretary.
[FR Doc. 2014–20645 Filed 8–28–14; 8:45 am]
BILLING CODE 6750–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2014–0475; FRL–9915–83–
Region 3]
Approval and Promulgation of Air
Quality Implementation Plans;
Pennsylvania; Allegheny County’s
Adoption of Control Techniques
Guidelines for Four Industry
Categories for Control of Volatile
Organic Compound Emissions
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to
conditionally approve revisions to the
Pennsylvania State Implementation Plan
(SIP) submitted by the Commonwealth
of Pennsylvania on behalf of the
Allegheny County Health Department
(ACHD). This SIP revision includes
amendments to the ACHD Rules and
Regulations, Article XXI, Air Pollution
Control, and meets the requirement to
adopt Reasonably Available Control
Technology (RACT) for sources covered
by EPA’s Control Techniques
Guidelines (CTG) standards for the
following categories: miscellaneous
metal and/or plastic parts surface
coating processes, automobile and lightduty truck assembly coatings,
miscellaneous industrial adhesives, and
fiberglass boat manufacturing materials.
Upon review of the submittal, EPA
found that the average monomer volatile
organic compound (VOC) content limits
were referenced but not included in the
regulation for fiberglass boat
manufacturing materials. ACHD has
committed to revising the regulation
and submitting the table of VOC content
limits for fiberglass boat manufacturing
materials to EPA in order to address
specific RACT requirements for
Allegheny County. EPA is, therefore,
proposing conditional approval of the
revisions to the Pennsylvania SIP in
accordance with the requirements of the
Clean Air Act (CAA).
DATES: Written comments must be
received on or before September 29,
2014.
SUMMARY:
Submit your comments,
identified by Docket ID Number EPA–
ADDRESSES:
E:\FR\FM\29AUP1.SGM
29AUP1
wreier-aviles on DSK5TPTVN1PROD with PROPOSALS
51516
Federal Register / Vol. 79, No. 168 / Friday, August 29, 2014 / Proposed Rules
R03–OAR–2014–0475 by one of the
following methods:
A. www.regulations.gov. Follow the
on-line instructions for submitting
comments.
B. Email: fernandez.cristina@epa.gov
C. Mail: EPA–R03–OAR–2014–0475,
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–2014–
0475. EPA’s policy is that all comments
received will be included in the public
docket without change, and may be
made available online at
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 www.regulations.gov
or email. The 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 email
comment directly to EPA without going
through www.regulations.gov, your
email 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
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
VerDate Mar<15>2010
15:20 Aug 28, 2014
Jkt 232001
form. Publicly available docket
materials are available either
electronically in 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 Allegheny County
Health Department, Bureau of
Environmental Quality, Division of Air
Quality, 301 39th Street, Pittsburgh,
Pennsylvania 15201 and 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
email at shandruk.irene@epa.gov
SUPPLEMENTARY INFORMATION:
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 SIP 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).
CTGs are documents issued by EPA
intended to provide state and local air
pollution control authorities
information to assist them in
determining RACT for VOC from
various sources. Section 183(e)(3)(c)
provides that EPA may issue a CTG in
lieu of a national regulation as RACT for
a product category where EPA
determines that the CTG will be
substantially as effective as regulations
in reducing emissions of VOC in ozone
nonattainment areas. The
recommendations in the CTG are based
upon available data and information
and may not apply to a particular
situation based upon the circumstances.
States can follow the CTG and adopt
state regulations to implement the
recommendations contained therein, or
they can adopt alternative approaches.
In either case, states must submit their
RACT rules to EPA for review and
approval as part of the SIP process.
PO 00000
Frm 00009
Fmt 4702
Sfmt 4702
In 1977 and 1978, EPA published
CTGs for miscellaneous metal and
plastic parts surface coatings,
automobile and light-duty truck
assembly coatings, miscellaneous
industrial adhesives, and fiberglass boat
manufacturing materials. After
reviewing the 1977/1978 CTGs for these
industries, conducting a review of
currently existing state and local VOC
emission reduction approaches for these
industries, and taking into account any
information that has become available
since then, EPA developed new CTGs
entitled Control Techniques Guidelines
for Miscellaneous Metal and Plastic
Parts Coatings (Publication No. EPA
453/R–08–003; September 2008);
Control Techniques Guidelines for
Automobile and Light-duty Assembly
Coatings (Publication No. EPA 453/R–
08–006; September 2008); Control
Techniques Guidelines for
Miscellaneous Industrial Adhesives
(Publication No. EPA 453/R–08–005;
September 2008); Control Techniques
Guidelines for Fiberglass Boat
Manufacturing Materials (Publication
No. EPA 453/R–08–004; September
2008).
III. Summary of SIP Revision
On November 15, 2013, Pennsylvania
Department of Environmental Protection
(PADEP) submitted to EPA on behalf of
ACHD a SIP revision concerning the
adoption of the EPA CTGs for
miscellaneous metal and/or plastic parts
surface coating processes, automobile
and light-duty truck assembly coatings,
miscellaneous industrial adhesives, and
fiberglass boat manufacturing materials
in Allegheny County. Allegheny County
is adopting EPA’s CTG standards for
miscellaneous metal and/or plastic parts
surface coating processes, automobile
and light-duty truck assembly coatings,
miscellaneous industrial adhesives, and
fiberglass boat manufacturing materials.
These regulations are contained in the
Allegheny County Health Department
(ACHD) Rules and Regulations, Article
XXI, Air Pollution Control sections
2105.83, 2105.84, 2105.85, and 2105.86
in order to: (1) Establish applicability
for miscellaneous metal and/or plastic
parts surface coating processes,
automobile and light-duty truck
assembly coatings, miscellaneous
industrial adhesives, and fiberglass boat
manufacturing materials; (2) establish
exemptions; (3) establish record-keeping
and work practice requirements; and (4)
establish emission limitations. Upon
review of the November 15, 2013
submittal, EPA found that a table of
average monomer VOC content limit for
fiberglass boat manufacturing materials
was referenced, however, the table was
E:\FR\FM\29AUP1.SGM
29AUP1
Federal Register / Vol. 79, No. 168 / Friday, August 29, 2014 / Proposed Rules
wreier-aviles on DSK5TPTVN1PROD with PROPOSALS
erroneously not included in the
regulation. Pursuant to section 110(k)(4)
of the CAA, PADEP submitted on behalf
of ACHD a letter dated July 16, 2014
committing to submit a SIP revision to
EPA addressing this error in order to
satisfy the RACT requirements under
the 8-hour ozone standard for Allegheny
County. More detailed information on
these provisions can be found in the
technical support document located in
the docket prepared for this rulemaking
action.
IV. Proposed Action
EPA is proposing conditional
approval of the Commonwealth of
Pennsylvania SIP revision submitted on
November 15, 2013, which consists of
amendments to the ACHD Rules and
Regulations, Article XXI, Air Pollution
Control for adopting RACT for sources
covered by EPA’s CTG standards for the
following categories: Miscellaneous
metal and/or plastic parts surface
coating processes, automobile and lightduty truck assembly coatings,
miscellaneous industrial adhesives, and
fiberglass boat manufacturing materials.
Pursuant to section 110(k)(4) of the
CAA, this conditional approval is based
upon a letter from PADEP on behalf of
ACHD dated July 16, 2014 committing
to submit to EPA, no later than twelve
months from EPA’s final conditional
approval of ACHD’s adoption of CTGs
for miscellaneous metal and/or plastic
parts surface coating processes,
automobile and light-duty truck
assembly coatings, miscellaneous
industrial adhesives, and fiberglass boat
manufacturing materials, an additional
SIP revision to address the erroneous
deficiency in the current regulation for
fiberglass boat manufacturing materials.
The SIP revision, to be submitted by
PADEP on behalf of ACHD, will include
a table of monomer VOC content limits
for fiberglass boat manufacturing
materials. Once EPA has determined
that ACHD has satisfied this condition,
EPA shall remove the conditional nature
of its approval and Allegheny County’s
adoption of CTGs for miscellaneous
metal and/or plastic parts surface
coating processes, automobile and lightduty truck assembly coatings,
miscellaneous industrial adhesives, and
fiberglass boat manufacturing materials
will, at that time, receive a full approval
status. Should ACHD fail to meet the
condition specified above, the final
conditional approval of Allegheny
County’s CTGs for the above listed
source categories will convert to a
disapproval. EPA is soliciting public
comments on the issues discussed in
this document. These comments will be
considered before taking final action.
VerDate Mar<15>2010
15:20 Aug 28, 2014
Jkt 232001
V. 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);
• 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 ACHD’s adoption of CTG
standards for miscellaneous metal and/
or plastic parts surface coating
processes, automobile and light-duty
truck assembly coatings, miscellaneous
industrial adhesives, and fiberglass boat
manufacturing materials, does not have
tribal implications as specified by
PO 00000
Frm 00010
Fmt 4702
Sfmt 4702
51517
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not conditionally 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, Incorporation by
reference, Intergovernmental relations,
Ozone, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: August 14, 2014.
William C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2014–20688 Filed 8–28–14; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 81
[EPA–HQ–OAR–2012–0918; FRL– 9915–91–
OAR]
EPA Responses to State and Tribal
2012 Primary Annual Fine Particle
Designation Recommendations
Environmental Protection
Agency.
ACTION: Notice of availability and public
comment period.
AGENCY:
Notice is hereby given that
the Environmental Protection Agency
(EPA) has posted its responses to state
and tribal designation recommendations
for the 2012 primary annual fine
particle (PM2.5) National Ambient Air
Quality Standards (NAAQS) on the
agency’s Internet Web site. The EPA
invites the public to review and provide
input on its responses during the
comment period specified in the DATES
section. The EPA sent its responses
directly to the states and tribes on or
about August 19, 2014. These responses
focus on designating as
‘‘nonattainment’’ certain areas of the
country where air monitoring data from
2011–2013 indicate violations of the
2012 primary annual PM2.5 NAAQS.
The EPA intends to make final
designation determinations for the 2012
primary annual PM2.5 NAAQS for most
areas of the country in December 2014.
This notice also announces the EPA’s
decision to extend the designation
period by up to 1 year to December 2015
for a limited number of areas for which
insufficient information is currently
available to promulgate designations.
DATES: Comments must be received on
or before September 29, 2014. Please
SUMMARY:
E:\FR\FM\29AUP1.SGM
29AUP1
Agencies
[Federal Register Volume 79, Number 168 (Friday, August 29, 2014)]
[Proposed Rules]
[Pages 51515-51517]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-20688]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2014-0475; FRL-9915-83-Region 3]
Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Allegheny County's Adoption of Control Techniques
Guidelines for Four Industry Categories for Control of Volatile Organic
Compound Emissions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
conditionally approve revisions to the Pennsylvania State
Implementation Plan (SIP) submitted by the Commonwealth of Pennsylvania
on behalf of the Allegheny County Health Department (ACHD). This SIP
revision includes amendments to the ACHD Rules and Regulations, Article
XXI, Air Pollution Control, and meets the requirement to adopt
Reasonably Available Control Technology (RACT) for sources covered by
EPA's Control Techniques Guidelines (CTG) standards for the following
categories: miscellaneous metal and/or plastic parts surface coating
processes, automobile and light-duty truck assembly coatings,
miscellaneous industrial adhesives, and fiberglass boat manufacturing
materials. Upon review of the submittal, EPA found that the average
monomer volatile organic compound (VOC) content limits were referenced
but not included in the regulation for fiberglass boat manufacturing
materials. ACHD has committed to revising the regulation and submitting
the table of VOC content limits for fiberglass boat manufacturing
materials to EPA in order to address specific RACT requirements for
Allegheny County. EPA is, therefore, proposing conditional approval of
the revisions to the Pennsylvania SIP in accordance with the
requirements of the Clean Air Act (CAA).
DATES: Written comments must be received on or before September 29,
2014.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
[[Page 51516]]
R03-OAR-2014-0475 by one of the following methods:
A. www.regulations.gov. Follow the on-line instructions for
submitting comments.
B. Email: fernandez.cristina@epa.gov
C. Mail: EPA-R03-OAR-2014-0475, 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-
2014-0475. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at 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 www.regulations.gov or email. The
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 email comment
directly to EPA without going through www.regulations.gov, your email
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
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 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 Allegheny County Health Department, Bureau of
Environmental Quality, Division of Air Quality, 301 39th Street,
Pittsburgh, Pennsylvania 15201 and 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
email at shandruk.irene@epa.gov
SUPPLEMENTARY INFORMATION:
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 SIP 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).
CTGs are documents issued by EPA intended to provide state and
local air pollution control authorities information to assist them in
determining RACT for VOC from various sources. Section 183(e)(3)(c)
provides that EPA may issue a CTG in lieu of a national regulation as
RACT for a product category where EPA determines that the CTG will be
substantially as effective as regulations in reducing emissions of VOC
in ozone nonattainment areas. The recommendations in the CTG are based
upon available data and information and may not apply to a particular
situation based upon the circumstances. States can follow the CTG and
adopt state regulations to implement the recommendations contained
therein, or they can adopt alternative approaches. In either case,
states must submit their RACT rules to EPA for review and approval as
part of the SIP process.
In 1977 and 1978, EPA published CTGs for miscellaneous metal and
plastic parts surface coatings, automobile and light-duty truck
assembly coatings, miscellaneous industrial adhesives, and fiberglass
boat manufacturing materials. After reviewing the 1977/1978 CTGs for
these industries, conducting a review of currently existing state and
local VOC emission reduction approaches for these industries, and
taking into account any information that has become available since
then, EPA developed new CTGs entitled Control Techniques Guidelines for
Miscellaneous Metal and Plastic Parts Coatings (Publication No. EPA
453/R-08-003; September 2008); Control Techniques Guidelines for
Automobile and Light-duty Assembly Coatings (Publication No. EPA 453/R-
08-006; September 2008); Control Techniques Guidelines for
Miscellaneous Industrial Adhesives (Publication No. EPA 453/R-08-005;
September 2008); Control Techniques Guidelines for Fiberglass Boat
Manufacturing Materials (Publication No. EPA 453/R-08-004; September
2008).
III. Summary of SIP Revision
On November 15, 2013, Pennsylvania Department of Environmental
Protection (PADEP) submitted to EPA on behalf of ACHD a SIP revision
concerning the adoption of the EPA CTGs for miscellaneous metal and/or
plastic parts surface coating processes, automobile and light-duty
truck assembly coatings, miscellaneous industrial adhesives, and
fiberglass boat manufacturing materials in Allegheny County. Allegheny
County is adopting EPA's CTG standards for miscellaneous metal and/or
plastic parts surface coating processes, automobile and light-duty
truck assembly coatings, miscellaneous industrial adhesives, and
fiberglass boat manufacturing materials. These regulations are
contained in the Allegheny County Health Department (ACHD) Rules and
Regulations, Article XXI, Air Pollution Control sections 2105.83,
2105.84, 2105.85, and 2105.86 in order to: (1) Establish applicability
for miscellaneous metal and/or plastic parts surface coating processes,
automobile and light-duty truck assembly coatings, miscellaneous
industrial adhesives, and fiberglass boat manufacturing materials; (2)
establish exemptions; (3) establish record-keeping and work practice
requirements; and (4) establish emission limitations. Upon review of
the November 15, 2013 submittal, EPA found that a table of average
monomer VOC content limit for fiberglass boat manufacturing materials
was referenced, however, the table was
[[Page 51517]]
erroneously not included in the regulation. Pursuant to section
110(k)(4) of the CAA, PADEP submitted on behalf of ACHD a letter dated
July 16, 2014 committing to submit a SIP revision to EPA addressing
this error in order to satisfy the RACT requirements under the 8-hour
ozone standard for Allegheny County. More detailed information on these
provisions can be found in the technical support document located in
the docket prepared for this rulemaking action.
IV. Proposed Action
EPA is proposing conditional approval of the Commonwealth of
Pennsylvania SIP revision submitted on November 15, 2013, which
consists of amendments to the ACHD Rules and Regulations, Article XXI,
Air Pollution Control for adopting RACT for sources covered by EPA's
CTG standards for the following categories: Miscellaneous metal and/or
plastic parts surface coating processes, automobile and light-duty
truck assembly coatings, miscellaneous industrial adhesives, and
fiberglass boat manufacturing materials. Pursuant to section 110(k)(4)
of the CAA, this conditional approval is based upon a letter from PADEP
on behalf of ACHD dated July 16, 2014 committing to submit to EPA, no
later than twelve months from EPA's final conditional approval of
ACHD's adoption of CTGs for miscellaneous metal and/or plastic parts
surface coating processes, automobile and light-duty truck assembly
coatings, miscellaneous industrial adhesives, and fiberglass boat
manufacturing materials, an additional SIP revision to address the
erroneous deficiency in the current regulation for fiberglass boat
manufacturing materials. The SIP revision, to be submitted by PADEP on
behalf of ACHD, will include a table of monomer VOC content limits for
fiberglass boat manufacturing materials. Once EPA has determined that
ACHD has satisfied this condition, EPA shall remove the conditional
nature of its approval and Allegheny County's adoption of CTGs for
miscellaneous metal and/or plastic parts surface coating processes,
automobile and light-duty truck assembly coatings, miscellaneous
industrial adhesives, and fiberglass boat manufacturing materials will,
at that time, receive a full approval status. Should ACHD fail to meet
the condition specified above, the final conditional approval of
Allegheny County's CTGs for the above listed source categories will
convert to a disapproval. EPA is soliciting public comments on the
issues discussed in this document. These comments will be considered
before taking final action.
V. 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);
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 ACHD's adoption of CTG
standards for miscellaneous metal and/or plastic parts surface coating
processes, automobile and light-duty truck assembly coatings,
miscellaneous industrial adhesives, and fiberglass boat manufacturing
materials, does not have tribal implications as specified by Executive
Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not
conditionally 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, Incorporation by
reference, Intergovernmental relations, Ozone, Volatile organic
compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: August 14, 2014.
William C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2014-20688 Filed 8-28-14; 8:45 am]
BILLING CODE 6560-50-P