Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Pennsylvania's Adoption of Control Techniques Guidelines for Automobile and Light-Duty Truck Assembly Coatings |
|---|
|
Cecil Rodrigues
Environmental Protection Agency
23 March 2018
[Federal Register Volume 83, Number 57 (Friday, March 23, 2018)]
[Rules and Regulations]
[Pages 12673-12677]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-05872]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2017-0342; FRL-9975-86-Region 3]
Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Pennsylvania's Adoption of Control Techniques Guidelines
for Automobile and Light-Duty Truck Assembly Coatings
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving 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
incorporating the control techniques guidelines (CTG) for the
automobile and light-duty truck assembly coatings category and
addresses the requirement to adopt reasonably available control
technology (RACT) for that category. This action is being taken under
the Clean Air Act (CAA).
DATES: This final rule is effective on April 23, 2018.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2017-0342. All documents in the docket are listed on
the http://www.regulations.gov website. Although listed in the index,
some information is not publicly available, e.g., confidential business
information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the internet and will be publicly available only in hard
copy form. Publicly available docket materials are available through
http://www.regulations.gov, or please contact the person identified in
the FOR FURTHER INFORMATION CONTACT section for additional availability
information.
FOR FURTHER INFORMATION CONTACT: Joseph Schulingkamp, (215) 814-2021,
or by email at schulingkamp.joseph@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Ground level ozone is formed in the atmosphere by photochemical
reactions between volatile organic compounds (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
[[Page 12674]]
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 areas 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.
---------------------------------------------------------------------------
In subsequent Federal Register notices, EPA has addressed how
states can meet the RACT requirements of the CAA. In June 1977, EPA
published a CTG for automobile and light-duty truck assembly coatings
(EPA-450/2-77-008). This CTG discusses the nature of VOC emissions from
this industry, available control technologies for addressing such
emissions, the costs of available control options, and other items. EPA
also published a national emission standard for hazardous air
pollutants (NESHAP) for surface coating of automobiles and light-duty
trucks in 2004 (40 CFR part 63, subpart IIII).
In 2008, after conducting a review of currently existing state and
local VOC emission reduction approaches for this industry, reviewing
the 1977 CTG and the NESHAP for this industry, and considering the
information that has become available since then, EPA developed a new
CTG for automobile and light-duty truck assembly coatings, entitled
Control Techniques Guidelines for Automobile and Light-Duty Truck
Assembly Coatings (Publication No. EPA 453/R-08-006).
On November 18, 2016, the PADEP submitted a formal revision to the
Commonwealth of Pennsylvania's SIP to adopt EPA's 2008 CTG for
automobile and light-duty truck assembly coatings. The new regulation
reflecting this adoption can be found under 25 Pa. Code Chapter 129--
Standards for Sources. Specifically, this revision adds to the SIP 25
Pa. Code Sec. 129.52e which adopts the RACT requirements for
automobile and light-duty assembly coatings and covers heavier vehicle
coating operations as well. The revision also includes changes to 25
Pa. Code Sec. 129.51 to accommodate alternative compliance methods for
the adopted CTG.
II. Summary of SIP Revision and EPA Analysis
EPA's CTG for automobile and light-duty truck assembly coatings
includes recommendations to reduce VOC emissions. These recommendations
include VOC emissions limits for coating operations; work practices for
storage and handling of coatings, thinners, and coating waste
materials; and work practices for the handling and use of cleaning
materials. The emission limits for coating processes covered by this
CTG are found in Table 1 of the technical support document (TSD) which
EPA prepared supporting this rulemaking.\2\ Table 1 includes emission
limits expressed in kilograms of VOC per liter (kg VOC/liter) and
pounds of VOC per gallon (lbs VOC/gal). The emission limits for the
miscellaneous materials used at coating facilities are found in Table 2
of the TSD. Table 2 includes emission limits expressed in grams of VOC
per liter (g VOC/liter). Additional information regarding this CTG can
be found in the TSD found in the docket for this rulemaking and
available online at www.regulations.gov.
---------------------------------------------------------------------------
\2\ The TSD is available in the docket for this proposed
rulemaking and available online at www.regulations.gov.
---------------------------------------------------------------------------
PADEP's submittal presented the regulatory revisions undertaken to
adopt EPA's CTG for automobile and light-duty truck coatings. PADEP
revised 25 Pa. Code Chapter 129--Standards for Sources to adopt the
aforementioned CTG. The revisions include the addition of Sec. 129.52e
which adopts the RACT requirements for automobile and light-duty truck
assembly coatings as stated by EPA in the relevant CTG for this
category of sources. The revision also includes updates to 25 Pa. Code
Sec. 129.51 to accommodate alternative compliance methods for the
adopted CTG. Additional information regarding PADEP's submittal can be
found within the TSD and state submittal which are both located in this
docket and available online at www.regulations.gov.
EPA reviewed PADEP's submittal and found that the regulatory
changes reflect EPA's CTG for automobile and light-duty trucks. The
emission limits for the coating processes as well as the emission
limits for the miscellaneous materials used during coating processes
are consistent with those recommended in EPA's CTG. Additionally, the
regulatory changes address EPA's recommended work practices.
EPA notes that under 25 Pa. Code Sec. 129.52e(c), Existing RACT
permit, PADEP is allowing the provisions of Sec. 129.52e to supersede
the requirements of a RACT permit previously issued under 25 Pa. Code
Sec. Sec. 129.91-129.95 if the permit was issued prior to January 1,
2017 and to the extent that the RACT permit contains less stringent
requirements than those in 25 Pa. Code Sec. 129.52e. EPA further notes
that the RACT permits issued under Sec. Sec. 129.91-129.95 were issued
for previous RACT determinations on a case-by-case basis; these permits
would then have been submitted to EPA as source-specific SIP revisions
and would likely have been approved by EPA for inclusion 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 and would have been identified at 40 CFR 52.2020(d). To the extent
that the provisions of Sec. 129.52e are more stringent than those of a
previous SIP-approved permit, PADEP may make a source-specific
determination as to whether the requirements of the previous RACT
permit apply, or those of Sec. 129.52e. If PADEP chooses to make such
a determination to remove prior case-by-case RACT limits from the SIP,
such revision must be submitted to EPA as a SIP revision in order to
remove the previously approved permit from the SIP and must meet
requirements under CAA section 110(l). Otherwise, the previously
approved RACT limits (even if less stringent) remain applicable
requirements for sources subject now to the more stringent CTG also.
Until such a SIP revision is made, the requirements of 25 Pa. Code
129.52e and the SIP-approved case by case RACT requirements both apply
and EPA cannot remove the source-specific permits from the SIP. EPA is
not taking any such action in this rulemaking to remove previously
approved RACT permits and thus the requirements of a previously SIP-
approved permit still apply until such permit is removed from
[[Page 12675]]
the SIP even if the new limits, reflected in this CTG that Pennsylvania
has adopted, are more stringent. EPA is approving PADEP's SIP submittal
because the regulatory revisions adopt EPA's CTG for automobile and
light-duty truck coatings.
On October 24, 2017 (82 FR 49128 and 82 FR 49166), EPA
simultaneously published a notice of proposed rulemaking (NPR) and a
direct final rule (DFR) for the Commonwealth of Pennsylvania approving
the SIP revision. EPA received four adverse comments on the rulemaking
and withdrew the DFR prior to the effective date of December 26, 2017.
III. Response to Comments
During the comment period, EPA received several anonymous comments
on the rulemaking. Of the comments, one comment generally discussed
climate change and a second comment generally discussed wildfires and
wildland fire management policy; EPA believes these two comments are
not germane to this rulemaking action, thus no further response is
provided. The following is a summary of the comments that are pertinent
to this rulemaking action along with EPA's response to those comments.
Comment #1: The first commenter stated that EPA did not address a
March 28, 2017 Executive Order (E.O.) regarding the promotion of energy
independence and economic growth.\3\
---------------------------------------------------------------------------
\3\ Based on the comment, EPA assumes the E.O. in question is
E.O. 13738, Promoting Energy Independence and Economic Growth,
signed March 28, 2017.
---------------------------------------------------------------------------
Response #1: EPA disagrees with the commenter's assertion that this
rulemaking action required evaluation mandated under the E.O.. The E.O.
in question pertains to reviewing existing regulations, order, guidance
documents, policies, and any other similar agency actions
(collectively, agency action) that potentially burden the development
or use of domestically produced energy resources, with particular
attention to oil, natural gas, coal, and nuclear energy. First, EPA
does not believe this E.O. applies to this rulemaking action because,
to the extent this rulemaking is considered an agency action under the
E.O. this action was not an existing agency action as of March 28,
2017, the date the E.O. was signed. Second, assuming arguendo, that
this rulemaking action is considered an agency action under the E.O.
this rulemaking action does not create a burden as that term is defined
in the E.O. As defined in the E.O., the term ``burden'' means, ``to
unnecessarily obstruct, delay, curtail, or otherwise impose significant
cost on the siting, permitting, production, utilization, transmission,
or delivery of energy resources.'' This rulemaking action does not
affect the siting, permitting, production, utilization, transmission,
or delivery of energy resources as this action merely approves
Pennsylvania's submission as meeting certain CTG requirements necessary
under the CAA, thus any required review under this E.O. is not
applicable. Finally, EPA does not have discretion to disapprove the
state's SIP submission where it meets the applicable CAA requirements.
CAA section 110(k)(3) requires that EPA ``shall'' approve the SIP
submission ``as a whole'' if it meets the applicable requirements in
the CAA. Pennsylvania's submission adopts RACT for sources identified
in EPA's CTG, as required by CAA section 184(b). Thus, considering the
plain language of the CAA in section 110(k)(3), EPA cannot consider
disapproving or requiring changes to a state's SIP submittal based on a
particular E.O. or statutory reviews.
Comment #2: The second commenter asserted that EPA should review
its CTG and Alternative Control Technology (ACT) guidance documents to
``make sure they aren't too costly.'' The commenter further asserted
that VOC reductions in Pennsylvania are not needed and EPA should only
require RACT reductions in areas with ``bad air.'' The commenter
concluded by stating EPA should withdraw the rule in its entirety to
enable economic growth and promote jobs.
Response #2: EPA disagrees with the commenter that this rulemaking
should be withdrawn and that EPA's CTGs and ACTs should be reviewed.
The CTG at issue in this rulemaking was issued in 2008. This rulemaking
action concerns only EPA's action approving Pennsylvania's SIP
submission adopting the CTG requirements, and thus comments about the
CTG itself are outside the scope of this action. In any case, EPA
considered the cost of installing controls when developing the CTG and
concluded, ``The recommended VOC emission rates described [in the CTG]
reflect the control measures that are currently being implemented by
these facilities. Consequently, there is no additional cost to
implement the CTG recommendations for coatings.'' Further, the CTG went
on to state the following for the work practices being recommended:
``The CTG also recommends work practices for reducing VOC emissions
from both coatings and cleaning materials. We believe that our work
practice recommendations in the CTG will result in a net cost savings.
Implementing work practices reduces the amount of coating and cleaning
materials used by decreasing evaporation.'' Thus, EPA did consider cost
when issuing this CTG in a prior rulemaking.
EPA further disagrees with the commenter's assertion that VOC
reductions are not needed in the entire Commonwealth of Pennsylvania,
and disagrees that the state or EPA has the discretion not to implement
those reductions. First, the commenter provided no evidence supporting
a claim that VOC reductions are only needed in areas with ``bad air.''
(EPA assumes this is a reference to nonattainment areas). Second,
Congress, through the CAA, has dictated that VOC RACT is required to be
implemented throughout entire Commonwealth. CAA section 182(b)(2)(A)
requires that, for each ozone nonattainment area classified as Moderate
or above, the area must revise their SIPs to include RACT for each
category of VOC sources covered by CTG documents issued between
November 15, 1990 and the date of attainment. CAA section 184(a)
further establishes a single OTR, of which the entire Commonwealth of
Pennsylvania is included, and section 184(b)(1)(B) requires all states
in the OTR to submit SIPs implementing RACT with respect to all sources
of VOC in the state that are covered by a CTG. Finally, Pennsylvania
and EPA are not permitted to ignore statutory mandates for any policy
reason, including to promote jobs or to enable economic growth. Thus,
the requirements of the CAA require Pennsylvania to revise its SIP in
order to implement VOC RACT for all CTGs issued, including the
automobile and light-duty truck assembly coating category. As
Pennsylvania is in the OTR, VOC reductions from RACT and from
implementing CTGs are required by the CAA in the entire Commonwealth.
IV. Final Action
EPA is approving the revision to Pennsylvania's SIP which adopts
EPA's CTG for automobile and light-duty truck coatings because
Pennsylvania's regulation incorporates the requirements of the CTG and
thus meets requirements in CAA sections 110 and 184(b).
V. 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
[[Page 12676]]
by reference of 25 Pa. Code Chapter 129--Standards for Sources,
Sections 129.51 and 129.52e. EPA has made, and will continue to make,
these materials generally available through www.regulations.gov and 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 of the SIP compilation.\4\
---------------------------------------------------------------------------
\4\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
VI. 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);
is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866.
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 May 22, 2018. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action, in which Pennsylvania adopts EPA's CTG for
automobile and light-duty truck assembly coatings, 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, Nitrogen oxides, Ozone, Reporting and recordkeeping
requirements, Volatile organic compounds.
Dated: March 13, 2018.
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
revising the entry for Section 129.51 and adding an entry for Section
129.52e.
The revision and addition read as follows:
Sec. 52.2020 Identification of plan.
* * * * *
(c) * * *
(1) EPA-Approved Pennsylvania Regulations and Statutes
[[Page 12677]]
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective EPA approval date Additional explanation/
date Sec. 52.2063 citation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 129--Standards for Sources
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Sources of VOCs
----------------------------------------------------------------------------------------------------------------
Section 129.51.................. General............ 10/22/16 3/23/18 [Insert Amendments add
Federal Register alternative compliance
citation]. methods for the
requirements of
Section 129.52e.
Previous approval dated
6/25/2015.
* * * * * * *
Section 129.52e................. Control of VOC 10/22/16 3/23/18 [Insert New section is added.
emissions from Federal Register This section does not
automobile and citation]. remove or replace any
light-duty truck permits approved under
assembly coating 52.2020(d).
operations and
heavier vehicle
coating operations.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2018-05872 Filed 3-22-18; 8:45 am]
BILLING CODE 6560-50-P