[Federal Register Volume 85, Number 8 (Monday, January 13, 2020)]
[Proposed Rules]
[Pages 1796-1798]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00327]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2019-0457; FRL-10004-06-Region 4]
Air Plan Approval; Georgia; Revisions to Aerospace VOC Rule
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a State Implementation Plan (SIP) revision submitted by the
State of Georgia, through the Georgia Environmental Protection Division
(GA EPD), on June 6, 2019, for the purpose of updating Georgia's rule
titled Volatile Organic Compound (VOC) Emissions from Aerospace
Manufacturing and Rework Facilities. EPA is proposing action on this
Georgia SIP revision under the Clean Air Act (CAA or Act).
DATES: Comments must be received on or before February 12, 2020.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2019-0457 at www.regulations.gov. Follow the online instructions
for submitting comments. Once submitted, comments cannot be edited or
removed from Regulations.gov. 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, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Evan Adams, Air Regulatory Management
Section, Air Planning and Implementation Branch, Air and Radiation
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
Street SW, Atlanta, Georgia 30303-8960. The telephone number is (404)
562-9009. Mr. Adams can also be reached via electronic mail at
[email protected].
SUPPLEMENTARY INFORMATION:
I. EPA's Action
A. Background
The action being proposed revises the reasonably available control
technology (RACT) standard for VOC emissions at aerospace manufacturing
and rework facilities in the State of Georgia. Additionally, other
administrative changes are being proposed in this action.
Section 182(b)(2) of the CAA requires states to adopt RACT rules
for all areas designated nonattainment for ozone and classified as
moderate or above. Under Section 182(b)(2), these RACT requirements
apply to: (1) Sources covered by an existing Control Technique
Guideline (CTG) (i.e., a CTG issued prior to enactment of the 1990
amendments to the CAA); (2) sources covered by a post-enactment CTG;
and (3) all major sources not covered by a CTG (i.e., non-CTG sources).
Pursuant to 40 CFR 51.165, a major source for a moderate ozone area is
a source that emits 100 tons per year (tpy) or more of VOC or nitrogen
oxides (NOX).
EPA defines RACT as ``the lowest emission limit that a particular
source is capable of meeting by the application of control technology
that is reasonably available considering technological and economic
feasibility.'' See 44 FR 53761, 53762 (September 17, 1979). EPA has
issued CTGs that present feasible RACT control measures for VOC source
categories. The CTGs recommend a ``presumptive norm'' or ``presumptive
RACT'' that EPA believes satisfies the definition of RACT.
The CTGs established by EPA are guidance to the states and only
provide recommendations. A state can develop its own strategy for what
constitutes RACT for the various CTG categories. EPA will review that
strategy in the context of the SIP process and determine whether it
meets the RACT requirements of the CAA and its implementing
regulations.
EPA promulgated a National Emission Standard for Hazardous Air
Pollutants (NESHAP) applicable to aerospace manufacturing and rework
facilities on September 1, 1995. See 60 FR 45948. The NESHAP is
codified at 40 CFR part 63, subpart GG. Subsequently, in December 1997,
EPA published a CTG titled ``Control of Volatile Organic Compound
Emissions from Coating Operations at Aerospace Manufacturing and Rework
Operations.'' \1\ EPA subsequently amended the NESHAP on December 7,
2015 (80 FR 76152) to incorporate revisions to the emission standards
for specialty coatings, allow for annual purchase records of certain
coatings, exempt two additional application methods, and update
definitions.
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\1\ Available at https://www3.epa.gov/airquality/ctg_act/199712_voc_epa453_r-97-004_aerospace_rework.pdf.
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EPA initially approved GA EPD's RACT for aerospace manufacturing
and rework facilities--codified at Rule 391-3-1-.02(2)(kkk)--on July
10, 2001 (66 FR 35906). EPA approved subsequent amendments to that rule
on September 28, 2012 (77 FR 55994) and March 19, 2013 (78 FR 16783)
(correcting amendments), including Georgia's expansion of the rule's
applicability to include all the counties in the Atlanta nonattainment
area. The purpose of this rule is to limit VOC emissions from aerospace
manufacturing and rework facilities that are located within or
contribute to ozone levels in ozone nonattainment areas. The rules also
limit VOC emissions from major sources (emitting greater than 100 tpy
of VOC emissions) located outside the ozone nonattainment area.
B. Why is EPA proposing this action?
Georgia's June 6, 2019, submission amends RACT requirements
applicable to VOC emissions from aerospace manufacturing and rework
facilities at Georgia Rule 391-3-1-.02(2)(kkk). The rule changes
incorporate EPA's December 7, 2015 (80 FR 76152) revisions to the
NESHAP. As discussed below, EPA is proposing to conclude that the
revisions are consistent with the CAA and the CTG.
The changes in the June 6, 2019, submittal replicate updates made
to 40 CFR part 63, subpart GG, and are compliant with the State's RACT
requirements. The amendments begin at Table (kkk)-1 Specialty Coating
VOC Limitations and make changes to include the metric equivalent of
the VOC Content Limit. The addition of the VOC Content Limit (g/L)
column replicates Table 4-1. Specialty Coatings VOC Content Limit (g/L)
in the CTG guidance document. This specific revision provides no
substantive change and better serves the regulated community.
Georgia also revises the allowable application techniques for
primers, topcoats, and specialty coatings under subparagraph 3 of the
Rule. First, GA EPD adds language clarifying that the
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limits on application techniques apply only to ``spray applied''
methods. GA EPD also removes from the list all non-spray application
methods, such as brush, roll, and dip coating. As EPA explained in its
final rule amending the NESHAP applicable to aerospace facilities, non-
spray application techniques are properly exempted from the scope of
the rule because they do not cause VOC emissions. See 80 FR at 76155.
GA EPD also adds to subparagraph 9 several activities that would be
exempted from Rule 391-3-1-.02(2)(kkk). First, GA EPD exempts chemical
milling, as well as specific primers, topcoats, specialty coatings,
chemical milling maskants, strippers, and cleaning solvents that meet
the definition of non-VOC materials. EPA notes that these types of
coatings are not regulated by the CTG or the NESHAP.\2\ Moreover, GA
EPD retains requirements applicable to chemical milling maskants
(defined as coatings that are applied directly to aluminum components
to protect surface areas when chemical milling the component with a
Type I or Type II etchant), as well as maskants that must be used with
a combination of Type I or II etchants and any of the above types of
maskants (i.e., bonding, critical use and line sealer, and seal
coat).\3\ EPA has preliminarily concluded that these changes are
consistent with the CTG.
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\2\ Non-VOC materials are defined as a primer, topcoat,
specialty coating, chemical milling maskant, cleaning solvent or
stripper that contains no more than 1.0 percent by mass VOC in
Subparagraph 17 of this Rule.
\3\ See EPA's action on December 7, 2015 (80 FR 76152),
``National Emissions Standard for Aerospace Manufacturing and Rework
Facilities Risk and Technology Review''; see also Type I and Type II
etchant definitions in this rulemaking.
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In Subparagraph 9(xiv), parts and assemblies not critical to the
structural integrity of the vehicle or flight performance would be
exempted from Rule 391-3-1-.02(2)(kkk). This provision would exempt
from the RACT requirements the manufacture or rework of certain non-
critical airplane components, such as tray tables and seat panels. EPA
notes that the manufacture or rework of these non-critical components
are already subject to separate RACT requirements under Georgia's SIP-
approved Rule 391-3-1-.02(2)(vvv)--VOC Emissions from Surface Coating
of Miscellaneous Plastic Parts and Products.\4\ Thus, EPA believes that
the exemption of these activities from Georgia's aerospace RACT rule
will not negatively impact VOC emissions. Accordingly, EPA is
preliminarily concluding that the exemption of these activities from
the aerospace-specific Rule 391-3-1-.02(2)(kkk) is consistent with the
CTG and with RACT.
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\4\ See 67 FR 72276, 72280 (Dec. 4, 2002).
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Additionally, the revised Rule 391-3-1-.02(2)(kkk) would provide an
exemption for primers, topcoats, and specialty coatings that meet the
definition of ``classified national security information'' in
Subparagraph 17(xvii). This exemption is consistent with RACT, as well
as Executive Order 13526, ``Classified National Security Information,''
December 29, 2009, which outlines the different components and
restrictions applicable to certain classified materials.
Finally, GA EPD adds an exemption for the rework of aircraft or
aircraft components if the holder of the Federal Aviation
Administration design approval, or the holder's licensee, is not
actively manufacturing the aircraft or aircraft components. As EPA
noted in its September 1, 1998 rulemaking amending 40 CFR part 63,
subpart GG, this exemption would apply to facilities that rework
aircraft or aircraft components whose original manufacturer has gone
out of business. See 63 FR 46526, 46528 (Sept. 1, 1998). EPA also noted
that this exemption only affects small numbers of aircraft, and that
compliance with VOC limits in these circumstances would involve
considerable expense. Id. For these reasons, EPA is preliminarily
concluding that this exemption is consistent with RACT.
At subparagraph 10, GA EPD removes an exemption from specialty
coating requirements for low volume specialty coatings used under a
specified twelve-month average quantity. EPA believes the removal of
this exemption will be SIP strengthening and is, thus, proposing to
approve it.
At Subparagraph 11, GA EPD removes the exemption for specialty
coatings and exempts spray applications of no more than 3.0 fluid
ounces of coating in a single application from a hand-held device with
a paint cup capacity that is equal to or less than 3.0 fluid ounces.
EPA believes that application of this quantity of coating will cause
minimal, if any, emissions.
The revision would also exempt adhesives, sealants, maskants,
caulking materials, and inks under Subparagraph 11, as well as the
application of coatings that contain less than 0.17 pounds of VOC per
gallon of coating. EPA notes that adhesives, sealants, maskants,
caulking materials, and inks are not atomized in the same way as other
coatings during application and, therefore, are not high emitters of
VOCs during the application process. In addition, coatings that contain
less than 0.17 pounds of VOC per gallon (20 grams/liter) are low
category emitters.\5\ EPA also notes that activities qualifying for the
exemption must comply with the emission limits at subparagraphs 1 and
2--and are only exempted from certain operational limits in
Subparagraphs 3 and 4 (i.e., limits on application techniques,
requirement to comply with applicable operational procedures). In these
circumstances, EPA has preliminarily concluded that GA EPD's revisions
to the exemption at Subparagraph 11 are consistent with RACT.
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\5\ EPA notes that the CTG and GA's RACT rule regulate coatings
with significantly higher VOC concentrations at Table 4-1 of the CTG
and Table (kkk)-1 of Georgia Rule 391-3-1-.02(2)(kkk), respectively.
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In subparagraph 15, GA EPD adds additional recordkeeping
requirements, as determined by the specific compliance option chosen at
Subparagraph 2. EPA believes the addition of these recordkeeping
requirements will be SIP strengthening it requires affected facilities
to retain certain records that are directly related to their chosen
method of compliance. Thus, EPA has preliminarily concluded that these
requirements are consistent with the CTG's monitoring, recordkeeping,
and reporting requirements.
GA EPD also makes minor administrative changes throughout the rule,
such as revising definitions at Subparagraph 17 and renumbering certain
sections and subparagraphs. In conclusion, EPA has preliminarily
determined the standard in the Georgia SIP that regulates aerospace and
rework facilities aligns with the applicable CTG and meets the RACT
requirements. Furthermore, EPA does not foresee any emissions increase
from this SIP revision. EPA is thus proposing to approve changes to
Rule 391-3-1-.02(2)(kkk), as included in Georgia's June 6, 2019
submittal.
II. Incorporation by Reference
In this document, EPA is proposing to include in a proposed EPA
rule regulatory text that includes incorporation by reference. In
accordance with requirements of 1 CFR 51.5, EPA is proposing to
incorporate by reference the Georgia Regulation subparagraph 391-3-
1-.02(2)(kkk) entitled ``VOC Emissions from Aerospace Manufacturing and
Rework Facilities,'' effective February 17, 2019, which incorporates
revisions to the emission standards for specialty coatings, allows for
annual purchase records of certain coatings, exempts two
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additional application methods, and updates definitions.
EPA has made, and will continue to make, these materials generally
available through www.regulations.gov and at the EPA Region 4 office
(please contact the person identified in the ``For Further Information
Contact'' section of this preamble for more information).
III. Proposed Action
EPA is proposing to approve the Georgia SIP revision to Rule 391-3-
1-.02(2)(kkk), ``VOC Emissions from Aerospace Manufacturing and Rework
Facilities,'' submitted on June 6, 2019. EPA has evaluated Georgia's
submittal and preliminarily determined that they meet the applicable
requirements of the CAA and EPA regulations.
IV. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. See 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. 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 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).
The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will it impose substantial direct
costs on tribal governments or preempt tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Incorporation by reference, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: December 26, 2019.
Blake M. Ashbee,
Acting Regional Administrator, Region 4.
[FR Doc. 2020-00327 Filed 1-10-20; 8:45 am]
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