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Approval and Promulgation of Air Quality Implementation Plans; Commonwealth of Pennsylvania; Approval of Revisions to Volatile Organic Compounds Regulations

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[Federal Register: August 14, 2000 (Volume 65, Number 157)]
[Rules and Regulations]
[Page 49501-49503]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14au00-15]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[PA156-4104a; FRL-6847-3]


Approval and Promulgation of Air Quality Implementation Plans;
Commonwealth of Pennsylvania; Approval of Revisions to Volatile Organic
Compounds Regulations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action on revisions to the
Commonwealth of Pennsylvania State Implementation Plan (SIP) submitted
by the Pennsylvania Department of Environmental Protection (PADEP). The
revisions consist of definitions and requirements for coatings used in
mobile equipment repair and refinishing. EPA is approving these
revisions to the Commonwealth of Pennsylvania's SIP in accordance with
the requirements of the Clean Air Act.

DATES: This rule is effective on October 13, 2000 without further
notice, unless EPA receives adverse written comment by September 13,
2000. 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: Written comments should be mailed to David L. Arnold, Chief,
Ozone & Mobile Sources Branch, Mailcode 3AP21, U.S. Environmental
Protection Agency, Region III, 1650 Arch Street, Philadelphia,
Pennsylvania 19103. Copies of the documents relevant to this action are
available for public inspection during normal business hours at the Air
Protection Division, U.S. Environmental Protection Agency, Region III,
1650 Arch Street, Philadelphia, Pennsylvania 19103; the Air and
Radiation Docket and Information Center, U.S. Environmental Protection
Agency, 401 M Street, SW., Washington, DC 20460; and Pennsylvania
Department of Environmental Protection, Bureau of Air Quality, P.O. Box
8468, 400 Market Street, Harrisburg, Pennsylvania 17105.

FOR FURTHER INFORMATION CONTACT: Rose Quinto, (215) 814-2182, at the
EPA Region III address above, or by e-mail at quinto.rose@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background

    On March 6, 2000 the Commonwealth of Pennsylvania submitted a
formal revision to its State Implementation Plan (SIP). The revisions
amend Chapter 121 section 121.1 Definitions, and add Chapter 129
section 129.75 Mobile Equipment Repair and Refinishing, pertaining to
volatile organic compound (VOC) control requirements for motor vehicle
repair and refinishing facilities.

II. Summary of SIP Revision

    The March 6, 2000 submittal amends Chapter 121, section 121.1 to
add definitions of terms used in the substantive provisions in Chapter
129. The definitions include: automotive pretreatment, automotive
primer-sealer, automotive primer-surfacer, automotive specialty
coating, automotive topcoat, antique motor vehicle, classic motor
vehicle, mobile equipment, and automotive touch up repair. Airless
spray was added for clarification, and automotive elastomeric coating,
automotive impact-resistant coating, automotive jambing clearcoat,
automotive lacquer, automotive low-gloss coating, and automotive
multicolored topcoat were added to make the final rule consistent with
Federal regulations.
    Section 129.75 establishes allowable VOC content requirements for
coatings used in mobile equipment repair and refinishing. Section
129.75(a) applies to a person who applies mobile equipment repair and
refining or color matched coatings to mobile equipment or mobile
equipment components. Section 129.75(b) establishes exceptions to the
general applicability of the rules where the coating is done in an
automobile assembly plant or by an individual who does not receive
compensation for application of the coatings. Section 129.75(c)
establishes the VOC content of automobile refinished coatings: the
allowable VOC content (as applied), and the weight of VOC per volume of
coating (minus water and non-VOC solvents). Section 129.75(d) provides
the methodology for calculating the VOC emissions, which includes
documentation concerning the VOC content of the coatings calculated.
Section 129.75(e) establishes application techniques and time frames
for existing and new facilities. Sections 129.75(f), (g) and (h)
establish the requirements for cleaning spray guns associated with this
source category and housekeeping, pollution prevention, and training
requirements for individuals applying mobile equipment repair and
refinishing coatings.
    EPA is publishing this rule without prior proposal because the
Agency views this as a noncontroversial amendment and anticipates no
adverse comment since the revisions are administrative changes to the
state

[[Page 49502]]

regulations. However, in the ``Proposed Rules'' section of today's
Federal Register, EPA is publishing a separate document that will serve
as the proposal to approve the SIP revision if adverse comments are
filed. This rule will be effective on October 13, 2000 without further
notice unless EPA receives adverse comment by September 13, 2000. 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.

III. Final Action

    EPA is approving, as revisions to the Pennsylvania SIP, the
amendments to Chapter 121 General Provisions, section 121.1.
Definitions, and the addition of Chapter 129 Standards For Sources,
section 129.75 Mobile Equipment Repair and Refinishing, pertaining to
volatile organic compound (VOC) control requirements for motor vehicle
repair and refinishing facilities. These revisions were submitted by
the Commonwealth of Pennsylvania on March 6, 2000.

IV. Administrative Requirements

A. General Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. This action
merely approves state law as meeting federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves pre-existing requirements under state law and does
not impose any additional enforceable duty beyond that required by
state law, it does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Public Law 104-4). For the same reason,
this rule also does not significantly or uniquely affect the
communities of tribal governments, as specified by Executive Order
13084 (63 FR 27655, May 10, 1998). This rule will not have substantial
direct effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government, as specified
in Executive Order 13132 (64 FR 43255, August 10, 1999), because it
merely approves a state rule implementing a federal standard, and does
not alter the relationship or the distribution of power and
responsibilities established in the Clean Air Act. This rule also is
not subject to Executive Order 13045 (62 FR 19885, April 23, 1997),
because it is not economically significant.
    In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply. As required by section 3
of Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing
this rule, EPA has taken the necessary steps to eliminate drafting
errors and ambiguity, minimize potential litigation, and provide a
clear legal standard for affected conduct. EPA has complied with
Executive Order 12630 (53 FR 8859, March 15, 1988) by examining the
takings implications of the rule in accordance with the ``Attorney
General's Supplemental Guidelines for the Evaluation of Risk and
Avoidance of Unanticipated Takings' issued under the executive order.
This rule does not impose an information collection burden under the
provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et
seq.).

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 rule 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. This rule is not a
``major rule'' as defined by 5 U.S.C. 804(2).

C. Petitions for Judicial Review

    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action, approving revisions to Pennsylvania
volatile organic compounds regulations pertaining to VOC control
requirements for motor vehicle repair and refinishing facilities, must
be filed in the United States Court of Appeals for the appropriate
circuit by October 13, 2000. Filing a petition for reconsideration by
the Administrator of this final rule does not affect the finality of
this rule 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 rule
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, Hydrocarbons,
Incorporation by reference, Intergovernmental relations, Ozone,
Reporting and recordkeeping requirements.

    Dated: July 20, 2000.
Thomas C. Voltaggio,
Acting Regional Administrator, Region III.

    40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

    1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart NN--Pennsylvania

    2. Section 52.2020 is amended by adding paragraph (c)(148 ) to read
as follows:

Sec. 52.2020  Identification of plan.

* * * * *
    (c) * * *
    (148) Revisions to the Pennsylvania Regulations pertaining to
certain VOC regulations submitted on March 6, 2000 by the Pennsylvania
Department of Environmental Protection:
    (i) Incorporation by reference.
    (A) Letter of March 6, 2000 from the Pennsylvania Department of
Environmental Protection transmitting the revisions to VOC regulations.
    (B) Addition of definitions to 25 PA Code Chapter 121, General
Provisions, at section 121.1 Definitions; addition of new section to 25
PA Code Chapter 129, Standards For Sources, section 129.75, Mobile
Equipment Repair and

[[Page 49503]]

Refinishing. These revisions became effective on November 27, 1999.
    (ii) Additional material.
    (A) Remainder of the March 6, 2000 submittal.
[FR Doc. 00-20531 Filed 8-11-00; 8:45 am]
BILLING CODE 6560-50-U

 
 

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