82 FR 47988 - Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Adoption of Control Techniques Guidelines for Control of Volatile Organic Compound Emissions from Miscellaneous Metal Parts Surface Coating, Miscellaneous Plastic Parts Surface Coating, and Pleasure Craft Surface Coatings
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 198 (October 16, 2017)
Federal Register Volume 82, Issue 198 (October 16, 2017)
| Page Range | 47988-47992 | |
| FR Document | 2017-22241 |
[Federal Register Volume 82, Number 198 (Monday, October 16, 2017)] [Rules and Regulations] [Pages 47988-47992] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-22241] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R03-OAR-2017-0437; FRL-9969-32-Region 3] Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Adoption of Control Techniques Guidelines for Control of Volatile Organic Compound Emissions from Miscellaneous Metal Parts Surface Coating, Miscellaneous Plastic Parts Surface Coating, and Pleasure Craft Surface Coatings AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is taking direct final action to approve a revision to the Commonwealth of Pennsylvania's state implementation plan (SIP). The revision includes amendments to the Pennsylvania Department of Environmental Protection's (PADEP) regulations and addresses 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 parts surface coating, miscellaneous plastic parts surface coating, and pleasure craft surface coatings, as well as related cleaning activities. The SIP revision also amends regulations for graphic arts systems and mobile equipment repair and refinishing as well as making general administrative changes. This action is being taken under the Clean Air Act (CAA). DATES: This rule is effective on December 15, 2017 without further notice, unless EPA receives adverse written comment by November 15, 2017. 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 No. EPA-R03- OAR-2017-0437 at https://www.regulations.gov, or via email to [email protected]. For comments submitted at Regulations.gov, follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. For either manner of submission, EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be confidential business information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. EPA will generally not consider comments or comment contents located outside of the primary submission (i.e., on the web, cloud, or other file sharing system). For additional submission methods, please contact the person identified in the For Further Information Contact section. For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Gregory A. Becoat, (215) 814-2036, or by email at [email protected]. SUPPLEMENTARY INFORMATION: On November 18, 2016, PADEP submitted a revision to the Pennsylvania SIP concerning the adoption of EPA's CTG for miscellaneous metal parts surface coating processes, miscellaneous plastic parts surface coating processes, and pleasure craft surface coatings. Specifically, PADEP has amended 25 Pennsylvania Code (Pa. Code) Chapter 129 (relating to standards for sources) to address RACT and further reduce volatile organic compounds (VOC) emissions in Pennsylvania. In accordance with sections 172(c)(1), 182(b)(2)(A) and 184(b)(1)(B) of the CAA, Pennsylvania's SIP revision submittal establishes VOC emission limitations and other requirements consistent with the recommendations of EPA's 2008 Control Techniques Guidelines for Miscellaneous Metal and Plastic Parts Coatings (MMPP) (Publication No. EPA 453/R-08-003; September 2008) and Control Techniques Guidelines for Automobile and Light-Duty Truck Assembly Coatings for these sources in the Commonwealth of Pennsylvania (Publication No. EPA 453/R-08-006). I. Background Ground level ozone is formed in the atmosphere by photochemical reactions between VOCs, nitrogen oxides (NOX ), and carbon monoxide (CO) in the presence of sunlight. In order to reduce ozone concentrations in the ambient air, the CAA requires all nonattainment areas to apply controls on VOC and NOX emission sources to achieve emission reductions. Among effective control measures, RACT controls significantly reduce VOC and NOX emissions from major stationary sources. NOX and VOC are referred to as ozone precursors and are emitted by many types of pollution sources, including motor vehicles, power plants, industrial facilities, and area wide sources, such as consumer products and lawn and garden equipment. Scientific evidence indicates that adverse public health effects occur following exposure to ozone. These effects are more pronounced in children and adults with lung disease. Breathing air containing ozone can reduce lung function and inflame airways, which can increase respiratory symptoms and aggravate asthma or other lung diseases. RACT is defined 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 at 53762, September 17, 1979). Section 182 of the CAA sets forth two separate RACT requirements for ozone nonattainment areas. The first requirement, contained in section 182(a)(2)(A) of the CAA, and referred to as RACT fix-up requires the correction of RACT rules for which EPA identified deficiencies before the CAA was amended in 1990. Pennsylvania previously corrected its deficiencies under the 1-hour ozone standard and has no further deficiencies to correct under this section of the CAA. The second requirement, set forth in section 182(b)(2) of the CAA, applies to moderate (or worse) ozone nonattainment area as well as to marginal and attainment areas in ozone transport regions (OTRs) established pursuant to section 184 of the CAA, and requires these areas to implement RACT controls on all major VOC and NOX emission sources and on all sources and source categories covered by a CTG issued by EPA.\1\ See CAA section 182(b)(2) and 184(b). --------------------------------------------------------------------------- \1\ 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. 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. Pursuant to section 184(b)(1)(B) of the CAA, all areas in the OTR must implement RACT with respect to sources of VOCs in the state covered by a CTG issued before or after November 15, 1990. --------------------------------------------------------------------------- [[Page 47989]] On July 18, 1997, EPA promulgated the health-based national ambient air quality standard (NAAQS) for ozone based on 8-hour average concentrations. 62 FR 38856. On April 30, 2004 (69 FR 23858), EPA designated 37 counties in the Commonwealth of Pennsylvania as 8-hour ozone nonattainment areas for the 1997 8-hour ozone NAAQS. On March 27, 2008, EPA revised the 8-hour ozone standard to a new 0.075 parts per million (ppm) level (73 FR 16436). On May 21, 2012, EPA finalized designations for the 2008 8-hour ozone NAAQS (77 FR 30087). EPA designated five areas in the Commonwealth of Pennsylvania as nonattainment. These areas include all or a portion of Allegheny, Armstrong, Berks, Beaver, Bucks, Butler, Carbon, Chester, Delaware, Fayette, Lancaster, Lehigh, Montgomery, Northampton, Philadelphia, Washington, and Westmoreland Counties. On October 26, 2015, EPA revised the 8-hour ozone standard to a new 0.070 ppm level (80 FR 65292). This rulemaking does not address SIP requirements under the 2015 8-hour ozone NAAQS. The entire Commonwealth of Pennsylvania is in the OTR established by Congress in CAA section 184 and is thus subject to implementing RACT for all sources of VOC in the state covered by a CTG issued before or after November 15, 2990 pursuant to CAA section 184(b)(1)(B). 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. Pursuant to section 184(b)(1)(B) of the CAA, regardless of an area's nonattainment status, all areas in the OTR must implement RACT with respect to sources of VOCs in the Commonwealth covered by a CTG issued before or after November 15, 1990. In addition, pursuant to CAA section 184(b)(2), unless more stringent nonattainment area requirements apply, stationary sources in states or portions of a state within the OTR that emit at least 50 tons per year of VOCs shall be considered major stationary sources subject to requirements applicable to major stationary sources as if the area were classified as a Moderate nonattainment area including requirements for CTGs and RACT. Pennsylvania has implemented numerous RACT controls to meet the CAA RACT requirements under the 1-hour and 1997 8-hour ozone NAAQS. These RACT controls were promulgated in title 25 of the Pennsylvania Code, chapter 129, Standards for Sources. In accordance with CAA section 184(b)(1)(B), to achieve and maintain the 1997 and 2008 8-hour ozone NAAQS, the Commonwealth Pennsylvania must continue to adopt and implement VOC RACT emission control measures for source categories covered by all CTGs issued by EPA, as of 2014, including miscellaneous metal parts surface coating processes, miscellaneous plastic parts surface coating processes, and pleasure craft surface coatings. CTGs are documents issued by EPA intended to provide state and local air pollution control authorities information to assist them in assessing 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 particular situations based on unique circumstances. To date, EPA has issued 44 CTGs, providing guidelines for the control of VOC emissions from these types of sources. 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. EPA developed the CTG for MMPP in September 2008 (Publication No. EPA 453/R-08-003) that provides guidelines with regard to feasible emission limitations and operating practices for a number of different surface coatings used within this large and diverse source category. The 2008 MMPP CTG recommends separate sets of emission limits for metal parts coatings, plastic parts coatings, automotive/transportation and business machine plastic parts, and pleasure craft, depending on the type of coating used by a particular source. The miscellaneous metal product and plastic parts surface coatings categories under section 183(e) of the CAA include the coatings that are applied to the surfaces of a varied range of metal and plastic parts and products. Such parts or products are constructed either entirely or partially from metal or plastic. These miscellaneous metal products and plastic parts include, but are not limited to, metal and plastic components of the following types of products as well as the products themselves: Fabricated metal products, molded plastic parts, small and large farm machinery, commercial and industrial machinery and equipment, automotive or transportation equipment, interior or exterior automotive parts, construction equipment, motor vehicle accessories, bicycles and sporting goods, toys, recreational vehicles, pleasure craft (recreational boats), extruded aluminum structural components, railroad cars, heavier vehicles, lawn and garden equipment, business machines, laboratory and medical equipment, electronic equipment, steel drums, metal pipes, and numerous other industrial and household products. The pleasure craft coating category does not include coatings that are a part of other product categories listed under Section 183(e) of the CAA for which CTGs have been published or included in other CTGs. For pleasure craft surface coatings, EPA took into account California regulations when developing the 2008 MMPP CTG. California was the only state at that time with regulations governing VOC emissions from pleasure craft surface coatings. After EPA finalized the 2008 MMPP CTG, the pleasure craft coatings industry asserted to EPA that three of the VOC emission limits in the CTG were too low considering the performance requirements of the pleasure craft coatings and that the VOC emission limits recommended did not represent RACT for the National pleasure craft coatings industry. On September 14, 2009, EPA was contacted by the pleasure craft coatings industry to reconsider some of the VOC emission limits recommended in the final 2008 MMPP CTG. In response, EPA issued a memorandum on June 1, 2010, entitled ``Control Technique Guidelines for Miscellaneous Metal and Plastic Part Coatings--Industry Request for Reconsideration,'' recommending that the pleasure craft industry work with state agencies during their RACT rule development process to assess what is reasonable for the specific sources regulated. EPA has stated that states can use the recommendations from the MMPP CTG to form their own determinations as to what constitutes RACT for pleasure craft coating operations. CTGs impose no legally binding requirements on any entity, including pleasure craft coating facilities. As stated in the memorandum, EPA will evaluate state- developed RACT rules and determine whether the submitted rules meet the RACT requirements of the CAA. [[Page 47990]] II. Summary of SIP Revision and EPA Analysis On November, 18, 2016, PADEP submitted a SIP revision which adopted the recommendations contained in the 2008 MMPP CTG with respect to sources in the miscellaneous metal products coatings and plastic parts coatings product categories. For the pleasure craft coating industry, after evaluating what is reasonable for this source category, PADEP determined that three VOC content limits applicable to the source categories should be revised from the limits in the CTG to represent RACT for the industry. This is based on EPA's memorandum that the pleasure craft industry should work with state agencies during their RACT rule development process to assess what is reasonable for the specific sources regulated. The SIP revision includes an amendment to 25 Pa. Code Chapter 129-- (relating to standards for sources) as follows: (1) Amended section 129.51(a)--(relating to general) in order to extend applicability; (2) added section 129.52(d)--``Control of VOC emissions from miscellaneous metal parts surface coating processes, miscellaneous plastic parts surface coating processes and pleasure craft surface coatings,'' in order to regulate VOC emissions from miscellaneous metal parts surface coating processes, miscellaneous plastic parts surface coating processes and pleasure craft surface coatings; (3) amended section 129.52(g)--(relating to surface coating processes) in order to clarify record keeping and reporting requirements; (4) added section 129.52(k) in order to clarify the applicability of the requirements of section 129.52, Table I, Category 10 in 25 Pa. Code Chapter 129; (5) amended section 129.67--(relating to graphic arts systems) in order to extend applicability; and (6) amended section 129.75--(relating to mobile equipment repair and refinishing) in order to specify exceptions for those who apply surface coating to mobile equipment already subject to requirements of sections 129.52 and 129.52(d). More detailed information on these provisions as well as a detailed summary of EPA's review and rationale for proposing to approve these SIP revisions can be found in the Technical Support Document (TSD) for this action which is available on line at www.regulations.gov, Docket number EPA-R03-OAR- 2017-0437. After evaluating this SIP revision submittal, EPA concludes that this SIP submittal which addresses the 2008 MMPP CTG and makes other related administrative changes, meets CAA requirements under sections 110, 172(c)(1), 182(b)(2)(A), and 184(b)(1) by adopting EPA's CTG and continuing to address and minimize VOC emissions in the Commonwealth of Pennsylvania as discussed in more detail in EPA's TSD for this rulemaking action. PADEP is adopting the requirements as recommended by the MMPPC CTG and adopting the pleasure craft industry recommendations for the following three coating categories: Antifouling Sealer/Tiecoat; Other Substrate Antifoulant; and Extreme High Gloss. For these three categories, the Commonwealth of Pennsylvania reviewed industry data and determined that for the purpose of functionality, cost, and VOC emissions, the alternative limits adopted for these three coating categories constitute RACT. EPA concludes that Pennsylvania's approach is consistent with the guidance memorandum entitled, ``Control Technique Guidelines for Miscellaneous Metal and Plastic Part Coatings--Industry Request for Reconsideration,'' and therefore, concludes that these regulations reflect RACT given costs and VOC emissions. The revised VOC content limits for the pleasure craft surface coatings proposed by PADEP are expected to have a de minimis impact on the amount of VOC emission reductions from the implementation of the revised VOC limits due to having no facilities with the potential to emit VOC emissions for pleasure craft surface coatings. EPA notes that under 25 Pa. Code section 129.52d, PADEP is allowing the provisions of 25 Pa. Code section 129.52d to supersede the requirements of a RACT permit previously issued under 25 Pa. Code sections 129.91-129.95 if the permit was issued prior to January 1, 2017, to the owner or operator of a source subject to section 129.52d(a), except to the extent the RACT permit contains more stringent requirements. EPA further notes that the RACT permits issued under 25 Pa. Code sections 129.91-129.95 were issued for previous RACT determinations on a case-by-case basis; these permits were then submitted to EPA as source-specific SIP revisions and were previously acted on by EPA and would have been approved into the Pennsylvania SIP. If EPA approved those source-specific RACT determinations as meeting the requirements of RACT under the CAA, then the permits associated with those determinations were approved into the SIP as listed in 40 CFR 52.2020(d). The requirements of the source-specific RACT determination which EPA approved into the Pennsylvania SIP remain applicable requirements for the specific source unless and until Pennsylvania seeks to remove the limits from the SIP in accordance with CAA section 110(l). To the extent that the provisions of 25 Pa. Code section 129.52d are more stringent than those of a previous SIP- approved permit, PADEP will need to make a source-specific determination as to whether the requirements of the previous RACT permit apply, or those of section 129.52d, and submit that determination to EPA as a SIP revision in order to remove the previously approved permit from the SIP. Until such a SIP revision is made, EPA cannot remove the source-specific permits from the SIP and EPA is not taking such action in this rulemaking. Thus, the requirements of a previously SIP-approved permit are not superseded under the SIP. In accordance with section 110 of the CAA including 110(a) and 110(l), EPA determines that approval of this PADEP SIP revision will not interfere with reasonable further progress, attainment of any NAAQS or any other applicable CAA requirements. III. Final Action EPA is approving the Commonwealth of Pennsylvania's November 2016 SIP revision submittal, which adopts RACT requirements for miscellaneous metal parts surface coating, miscellaneous plastic parts surface coating, and pleasure craft surface coatings and which makes other related administrative changes, as the revision meets requirements in CAA sections 110, 172(c)(1), 182(b)(2)(A), and 184(b)(2). 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 this 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 December 15, 2017 without further notice unless EPA receives adverse comment by November 15, 2017. 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. Please note that if EPA receives adverse comment on an amendment, paragraph, or section of [[Page 47991]] this rule and if that provision may be severed from the remainder of the rule, EPA may adopt as final those provisions of the rule that are not the subject of an adverse comment. IV. Incorporation by Reference In this rule, EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, EPA is finalizing the incorporation by reference of the Pennsylvania rule discussed in section II of this preamble. EPA has made, and will continue to make, these materials generally available through http://www.regulations.gov and/or at the EPA Region III Office (please contact the person identified in the ``For Further Information Contact'' section of this preamble for more information). Therefore, these materials have been approved by EPA for inclusion in the SIP, have been incorporated by reference by EPA into that plan, are fully federally enforceable under sections 110 and 113 of the CAA as of the effective date of the final rulemaking of EPA's approval, and will be incorporated by reference by the Director of the Federal Register in the next update to the SIP compilation.\2\ --------------------------------------------------------------------------- \2\ 62 FR 27968 (May 22, 1997). --------------------------------------------------------------------------- V. Statutory and Executive Order Reviews A. General Requirements Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the CAA and applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves state law as meeting federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action:Is not a ``significant regulatory action'' subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); 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 rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not approved to apply in Indian country located in the state, and EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law. B. Submission to Congress and the Comptroller General The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2). C. Petitions for Judicial Review Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by December 15, 2017. 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 this 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 action. This action, which approves Pennsylvania's SIP revision adopting CTGs for miscellaneous metal parts surface coating, miscellaneous plastic parts surface coating, and pleasure craft surface coatings, as well as general administrative changes related to cleaning activities, may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. Dated: September 27, 2017. Cecil Rodrigues, Acting Regional Administrator, Region III. 40 CFR part 52 is amended as follows: PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 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: 0 a. Revising the entries for Sections 129.51 and 129.52; 0 b. Adding an entry in numerical order for Section 129.52d; and 0 c. Revising the entries for Sections 129.67 and 129.75. The revisions and addition read as follows: Sec. 52.2020 Identification of plan. * * * * * (c) * * * [[Page 47992]] (1) * * * ---------------------------------------------------------------------------------------------------------------- Additional State citation Title/ subject State EPA approval date explanation/ Sec. effective date 52.2063 citation ---------------------------------------------------------------------------------------------------------------- Title 25--Environmental Protection Article III--Air Resources ---------------------------------------------------------------------------------------------------------------- * * * * * * * Section 129.51................ General............. 10/22/16 10/16/17, [Insert Revised Section Federal Register 129.51(a). citation]. Section 129.52................ Surface coating 10/22/16 10/16/17, [Insert Revised 129.52(g) processes. Federal Register and added citation]. Subsection 129.52(k). * * * * * * * Section 129.52d............... Control of VOCs from 10/22/16 10/16/17, [Insert New section 129.52d Miscellaneous Metal Federal Register is added. This Parts Surface citation]. section does not Coating Processes, remove or replace Miscellaneous any permits Plastic Parts approved under Surface Coating paragraph (d) of Processes and this section. Pleasure Craft Surface Coatings. * * * * * * * Section 129.67................ Graphic arts systems 10/22/16 10/16/17, [Insert Revised Subsection Federal Register 129.67(a)(1). citation]. * * * * * * * Section 129.75................ Mobile equipment 10/22/16 10/16/17, [Insert Revised Subsection repair and Federal Register 129.75(b)(1). refinishing. citation]. Previous approval 8/ 14/00 (c)(148). * * * * * * * ---------------------------------------------------------------------------------------------------------------- * * * * * [FR Doc. 2017-22241 Filed 10-13-17; 8:45 am] BILLING CODE 6560-50-P
![47988 Federal Register / Vol. 82, No. 198 / Monday, October 16, 2017 / Rules and Regulations
* * * * * Regulations.gov. For either manner of the CAA requires all nonattainment
[FR Doc. 2017–22243 Filed 10–13–17; 8:45 am] submission, EPA may publish any areas to apply controls on VOC and NOX
BILLING CODE 6560–50–P comment received to its public docket. emission sources to achieve emission
Do not submit electronically any reductions. Among effective control
information you consider to be measures, RACT controls significantly
ENVIRONMENTAL PROTECTION confidential business information (CBI) reduce VOC and NOX emissions from
AGENCY or other information whose disclosure is major stationary sources. NOX and VOC
restricted by statute. Multimedia are referred to as ozone precursors and
40 CFR Part 52 submissions (audio, video, etc.) must be are emitted by many types of pollution
[EPA–R03–OAR–2017–0437; FRL–9969–32– accompanied by a written comment. sources, including motor vehicles,
Region 3] The written comment is considered the power plants, industrial facilities, and
official comment and should include area wide sources, such as consumer
Approval and Promulgation of Air discussion of all points you wish to products and lawn and garden
Quality Implementation Plans; make. EPA will generally not consider equipment. Scientific evidence
Pennsylvania; Adoption of Control comments or comment contents located indicates that adverse public health
Techniques Guidelines for Control of outside of the primary submission (i.e., effects occur following exposure to
Volatile Organic Compound Emissions on the web, cloud, or other file sharing ozone. These effects are more
from Miscellaneous Metal Parts system). For additional submission pronounced in children and adults with
Surface Coating, Miscellaneous Plastic methods, please contact the person lung disease. Breathing air containing
Parts Surface Coating, and Pleasure identified in the FOR FURTHER ozone can reduce lung function and
Craft Surface Coatings INFORMATION CONTACT section. For the inflame airways, which can increase
AGENCY: Environmental Protection full EPA public comment policy, respiratory symptoms and aggravate
Agency (EPA). information about CBI or multimedia asthma or other lung diseases.
ACTION: Direct final rule. submissions, and general guidance on RACT is defined as the lowest
making effective comments, please visit emission limitation that a particular
SUMMARY: The Environmental Protection http://www2.epa.gov/dockets/ source is capable of meeting by the
Agency (EPA) is taking direct final commenting-epa-dockets. application of control technology that is
action to approve a revision to the FOR FURTHER INFORMATION CONTACT: reasonably available considering
Commonwealth of Pennsylvania’s state Gregory A. Becoat, (215) 814–2036, or technological and economic feasibility
implementation plan (SIP). The revision by email at becoat.gregory@epa.gov. (44 FR 53761 at 53762, September 17,
includes amendments to the SUPPLEMENTARY INFORMATION: On
1979). Section 182 of the CAA sets forth
Pennsylvania Department of November 18, 2016, PADEP submitted a two separate RACT requirements for
Environmental Protection’s (PADEP) revision to the Pennsylvania SIP ozone nonattainment areas. The first
regulations and addresses the concerning the adoption of EPA’s CTG requirement, contained in section
requirement to adopt reasonably for miscellaneous metal parts surface 182(a)(2)(A) of the CAA, and referred to
available control technology (RACT) for coating processes, miscellaneous plastic as RACT fix-up requires the correction
sources covered by EPA’s control parts surface coating processes, and of RACT rules for which EPA identified
techniques guidelines (CTG) standards pleasure craft surface coatings. deficiencies before the CAA was
for the following categories: Specifically, PADEP has amended 25 amended in 1990. Pennsylvania
Miscellaneous metal parts surface Pennsylvania Code (Pa. Code) Chapter previously corrected its deficiencies
coating, miscellaneous plastic parts 129 (relating to standards for sources) to under the 1-hour ozone standard and
surface coating, and pleasure craft address RACT and further reduce has no further deficiencies to correct
surface coatings, as well as related volatile organic compounds (VOC) under this section of the CAA. The
cleaning activities. The SIP revision also emissions in Pennsylvania. In second requirement, set forth in section
amends regulations for graphic arts accordance with sections 172(c)(1), 182(b)(2) of the CAA, applies to
systems and mobile equipment repair 182(b)(2)(A) and 184(b)(1)(B) of the moderate (or worse) ozone
and refinishing as well as making CAA, Pennsylvania’s SIP revision nonattainment area as well as to
general administrative changes. This submittal establishes VOC emission marginal and attainment areas in ozone
action is being taken under the Clean limitations and other requirements transport regions (OTRs) established
Air Act (CAA). consistent with the recommendations of pursuant to section 184 of the CAA, and
DATES: This rule is effective on EPA’s 2008 Control Techniques requires these areas to implement RACT
December 15, 2017 without further Guidelines for Miscellaneous Metal and controls on all major VOC and NOX
notice, unless EPA receives adverse Plastic Parts Coatings (MMPP) emission sources and on all sources and
written comment by November 15, (Publication No. EPA 453/R–08–003; source categories covered by a CTG
2017. If EPA receives such comments, it September 2008) and Control issued by EPA.1 See CAA section
will publish a timely withdrawal of the Techniques Guidelines for Automobile 182(b)(2) and 184(b).
direct final rule in the Federal Register and Light-Duty Truck Assembly 1 CTGs are documents issued by EPA intended to
and inform the public that the rule will Coatings for these sources in the provide state and local air pollution control
not take effect. Commonwealth of Pennsylvania authorities information to assist them in
ADDRESSES: Submit your comments, (Publication No. EPA 453/R–08–006). determining RACT for VOC from various sources.
identified by Docket ID No. EPA–R03– The recommendations in the CTG are based upon
jstallworth on DSKBBY8HB2PROD with RULES
OAR–2017–0437 at https:// I. Background available data and information and may not apply
to a particular situation based upon the
www.regulations.gov, or via email to Ground level ozone is formed in the circumstances. States can follow the CTG and adopt
stahl.cynthia@epa.gov. For comments atmosphere by photochemical reactions state regulations to implement the
submitted at Regulations.gov, follow the between VOCs, nitrogen oxides (NOX), recommendations contained therein, or they can
adopt alternative approaches. In either case, states
online instructions for submitting and carbon monoxide (CO) in the must submit their RACT rules to EPA for review
comments. Once submitted, comments presence of sunlight. In order to reduce and approval as part of the SIP process. Pursuant
cannot be edited or removed from ozone concentrations in the ambient air, to section 184(b)(1)(B) of the CAA, all areas in the
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![47992 Federal Register / Vol. 82, No. 198 / Monday, October 16, 2017 / Rules and Regulations
(1) * * *
State effective Additional explanation/ § 52.2063
State citation Title/ subject EPA approval date
date citation
Title 25—Environmental Protection
Article III—Air Resources
* * * * * * *
Section 129.51 ........ General ........................................ 10/22/16 10/16/17, [Insert Federal Reg- Revised Section 129.51(a).
ister citation].
Section 129.52 ........ Surface coating processes .......... 10/22/16 10/16/17, [Insert Federal Reg- Revised 129.52(g) and added
ister citation]. Subsection 129.52(k).
* * * * * * *
Section 129.52d ...... Control of VOCs from Miscella- 10/22/16 10/16/17, [Insert Federal Reg- New section 129.52d is added.
neous Metal Parts Surface ister citation]. This section does not remove
Coating Processes, Miscella- or replace any permits ap-
neous Plastic Parts Surface proved under paragraph (d) of
Coating Processes and Pleas- this section.
ure Craft Surface Coatings.
* * * * * * *
Section 129.67 ........ Graphic arts systems .................. 10/22/16 10/16/17, [Insert Federal Reg- Revised Subsection 129.67(a)(1).
ister citation].
* * * * * * *
Section 129.75 ........ Mobile equipment repair and re- 10/22/16 10/16/17, [Insert Federal Reg- Revised Subsection 129.75(b)(1).
finishing. ister citation]. Previous approval 8/14/00
(c)(148).
* * * * * * *
* * * * * FOR FURTHER INFORMATION CONTACT: D. construction and modification of any
[FR Doc. 2017–22241 Filed 10–13–17; 8:45 am] Brad Akers, Air Regulatory Management major stationary sources in
BILLING CODE 6560–50–P Section, Air Planning and nonattainment areas as required by part
Implementation Branch, Air, Pesticides D of title I of the CAA, referred to as
and Toxics Management Division, U.S. nonattainment new source review.
ENVIRONMENTAL PROTECTION Environmental Protection Agency, In the direct final rule, EPA explained
AGENCY Region 4, 61 Forsyth Street SW., that the Agency was publishing the rule
Atlanta, Georgia 30303–8960. Mr. Akers without prior proposal because the
40 CFR Part 52 can be reached via telephone at (404) Agency viewed the submittal as a non-
562–9089 or via electronic mail at controversial SIP amendment and
[EPA–R04–OAR–2017–0078; FRL–9969–42– akers.brad@epa.gov. anticipated no adverse comments.
Region 4]
SUPPLEMENTARY INFORMATION: On August Further, EPA explained that the Agency
Air Plan Approval: Georgia; New 15, 2017 (82 FR 38605), EPA published was publishing a separate document in
Source Review and Permitting Updates a direct final rule approving portions of the proposed rules section of the
several SIP revisions submitted by the Federal Register to serve as the proposal
AGENCY: Environmental Protection State of Georgia, through the Georgia to approve the SIP revisions should an
Agency (EPA). Department of Natural Resources’ adverse comment be filed. EPA also
ACTION: Withdrawal of direct final rule. Environmental Protection Division (GA noted that the rule would be effective
EPD), on December 15, 2011, July 25, generally 30 days after the close of the
SUMMARY: Due to the receipt of an 2014, and November 12, 2014. EPA took public comment period, without further
adverse comment, the Environmental a direct final action to approve portions notice unless the Agency received
Protection Agency (EPA) is withdrawing of the December 15, 2011, July 25, 2014, adverse comment by the close of the
the August 15, 2017, direct final rule and November 12, 2014, submissions public comment period. EPA explained
that approves changes to Georgia’s state that made changes to the following GA that if the Agency received such
implementation plan (SIP) related to EPD regulations: Rule 391–3–1–.02(7)— comments, then EPA would publish a
new source review (NSR) permitting for ‘‘Prevention of Significant Deterioration document withdrawing the final rule
prevention of significant deterioration of Air Quality (PSD),’’ which applies to and informing the public that the rule
(PSD). EPA will address the comment in the construction and modification of would not take effect. EPA specified,
a separate final action based upon the any major stationary source in areas however, that if a comment were
jstallworth on DSKBBY8HB2PROD with RULES
proposed rulemaking action, also designated as attainment or received on an amendment, paragraph,
published on August 15, 2017. EPA will unclassifiable as required by part C of or section of this rule and if that
not institute a second comment period title I of the CAA; and Rule 391–3–1– provision may be severed from the
on this action. .03(8)—‘‘Permit Requirements,’’ which remainder of the rule, EPA may adopt
DATES: The direct final rule published at applies generally to the permitting as final those provisions of the rule that
82 FR 38605, on August 15, 2017, is program, including permitting are not the subject of an adverse
withdrawn effective October 16, 2017. requirements that apply to the comment. It was also explained that all
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Document Created: 2017-10-14 01:42:57
Document Modified: 2017-10-14 01:42:57
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Direct final rule. | |
| Dates | This rule is effective on December 15, 2017 without further notice, unless EPA receives adverse written comment by November 15, 2017. 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. | |
| Contact | Gregory A. Becoat, (215) 814-2036, or by email at [email protected] | |
| FR Citation | 82 FR 47988 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds |
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