PROPOSED RULEMAKING
ENVIRONMENTAL QUALITY BOARD
[ 25 PA. CODE CHS. 121 AND 129 ]
VOC RACT Requirements for Shipbuilding and Ship Repair Surface Coatings, Large Petroleum Dry Cleaning Facilities and Synthetic Organic Chemical Manufacturing Industry Processes for the 2015 Ozone NAAQS
[52 Pa.B. 689]
[Saturday, January 29, 2022]The Environmental Quality Board (Board) proposes to amend Chapters 121 and 129 (relating to general provisions; and standards for sources) to establish presumptive volatile organic compound (VOC) reasonably available control technology (RACT) requirements and RACT emission limitations for the following control techniques guidelines (CTG) source categories: shipbuilding and ship repair surface coatings; large petroleum dry cleaning facilities; and synthetic organic chemical manufacturing industry (SOCMI) air oxidation, distillation and reactor processes as set forth in Annex A. This proposed rulemaking would add definitions to § 121.1 (relating to definitions); add shipbuilding and ship repair surface coatings to § 129.52 (relating to surface coating processes); and add §§ 129.63b and 129.71a (relating to control of VOC emissions from large petroleum dry cleaning facilities; and control of VOC emissions from the synthetic organic chemical manufacturing industry—air oxidation, distillation and reactor processes).
If published as a final-form rulemaking in the Pennsylvania Bulletin, this proposed rulemaking will be submitted to the United States Environmental Protection Agency (EPA) for approval as a revision to the Commonwealth's State Implementation Plan (SIP).
This proposed rulemaking was adopted by the Board at its meeting of September 21, 2021.
A. Effective Date
This proposed rulemaking will be effective upon final-form publication in the Pennsylvania Bulletin.
B. Contact Persons
For further information, contact Kirit Dalal, Chief, Division of Air Resource Management, Bureau of Air Quality, Rachel Carson State Office Building, P.O. Box 8468, Harrisburg, PA 17105-8468, (717) 772-3436; or Jesse Walker, Assistant Counsel, Bureau of Regulatory Counsel, Rachel Carson State Office Building, P.O. Box 8464, Harrisburg, PA 17105-8464, (717) 787-7060. Information regarding submitting comments on this proposed rulemaking appears in section J of this preamble. Persons with a disability may use the Pennsylvania Hamilton Relay Service, (800) 654-5984 (TDD users) or (800) 654-5988 (voice users). This proposed rulemaking is available on the Department of Environmental Protection's (Department) web site at www.dep.pa.gov (select ''Public Participation,'' then ''Environmental Quality Board'' and then navigate to the Board meeting of September 21, 2021).
C. Statutory Authority
This proposed rulemaking is authorized under section 5(a)(1) of the Air Pollution Control Act (APCA) (35 P.S. § 4005(a)(1)), which grants the Board the authority to adopt rules and regulations for the prevention, control, reduction and abatement of air pollution in this Commonwealth; and section 5(a)(8) of the APCA, which grants the Board the authority to adopt rules and regulations designed to implement the provisions of the Clean Air Act (CAA) (42 U.S.C.A. §§ 7401—7671q).
D. Background and Purpose
The purpose of this proposed rulemaking is to implement measures to control VOC emissions Statewide from shipbuilding and ship repair facilities with surface coating operations, large petroleum dry cleaning facilities and SOCMI air oxidation, distillation and reactor processes. VOC emissions are precursors to ground-level ozone formation. Ground-level ozone, a public health and welfare hazard, is not emitted directly to the atmosphere by these processes, but forms from the photochemical reaction between emissions of VOCs and oxides of nitrogen (NOx) in the presence of sunlight.
Ground-level ozone is a highly reactive gas, which at sufficiently high concentrations can produce a wide variety of harmful effects. At elevated concentrations, ground-level ozone can adversely affect human health, animal health, vegetation, materials, and personal comfort and well-being. It can cause damage to important food crops, forests, livestock and wildlife. Repeated exposure to ground-level ozone pollution may cause a variety of adverse health effects for both healthy people and those with existing conditions, including difficulty in breathing, chest pains, coughing, nausea, throat irritation and congestion. It can worsen bronchitis, heart disease, emphysema and asthma, reduce lung capacity and lead to increased morbidity. Asthma is a significant and growing threat to children and adults. High levels of ground-level ozone can affect animals in ways similarly to humans. High levels of ground-level ozone can also cause damage to buildings and synthetic fibers, including nylon, and reduced visibility on roadways and in natural areas. The implementation of these control measures to address ozone air quality nonattainment in this Commonwealth is necessary to protect the public health and welfare, animal and plant health and welfare and the environment.
The EPA is responsible for establishing National Ambient Air Quality Standards (NAAQS), or maximum allowable concentrations in the ambient air, for certain ''criteria'' pollutants considered harmful to public health and the environment. The criteria air pollutants are commonly found throughout the United States and currently include six air pollutants: ground-level ozone; particle pollution (often referred to as particulate matter); NOx (with nitrogen dioxide (NO2) as the indicator); carbon monoxide; sulfur dioxide; and lead. Section 109 of the CAA (42 U.S.C.A. § 7409) established two types of NAAQS: primary standards, which are limits set to protect public health; and secondary standards, which are limits set to protect public welfare and the environment, including protection against visibility impairment and from damage to animals, crops, vegetation and buildings. The EPA established primary and secondary ground-level ozone NAAQS to protect public health and public welfare, including the environment.
In July 1997, the EPA promulgated primary and secondary ozone standards under section 109 of the CAA at a level of 0.08 parts per million (ppm) averaged over 8 hours. See 62 FR 38856 (July 18, 1997). Because ozone ambient air monitoring data is measured out to three decimal places, the standard effectively became 0.084 ppm with rounding; areas with ozone levels as high as 0.084 ppm (84 parts per billion (ppb)) were considered to be meeting the 0.08 ppm standard. In 2004, the EPA designated 37 counties in this Commonwealth as 8-hour ozone nonattainment areas for the 1997 8-hour ozone NAAQS. See 69 FR 23858, 23931 (April 30, 2004).
In March 2008, the EPA lowered the primary and secondary ozone NAAQS to 0.075 ppm (75 ppb) averaged over 8 hours to provide greater protection for children, other at-risk populations and the environment against the array of ozone-induced adverse health and welfare effects. See 73 FR 16436 (March 27, 2008). In April 2012, the EPA designated five areas in this Commonwealth as nonattainment for the 2008 ozone NAAQS. See 77 FR 30087, 30143 (May 21, 2012). These areas include all or a portion of Allegheny, Armstrong, Beaver, Berks, Bucks, Butler, Carbon, Chester, Delaware, Fayette, Lancaster, Lehigh, Montgomery, Northampton, Philadelphia, Washington and Westmoreland Counties.
On October 1, 2015, the EPA lowered the primary and secondary ozone NAAQS to 0.070 ppm (70 ppb) averaged over 8 hours for increased protection of the public health and welfare. See 80 FR 65292 (October 26, 2015). In June 2018, the EPA designated Bucks, Chester, Delaware, Montgomery and Philadelphia Counties as nonattainment for the 2015 ozone NAAQS. See 83 FR 25776 (June 4, 2018).
The Department's certified analysis of the 2020 ambient air ozone season monitoring data shows that all ozone samplers in this Commonwealth are monitoring attainment of the 2015 8-hour ozone NAAQS except three: the Bristol sampler in Bucks County and the Philadelphia Air Management Services Northeast Airport and Northeast Waste samplers in Philadelphia County. All ozone samplers in this Commonwealth are projected to monitor attainment of the 2008 and 1997 8-hour ozone NAAQS. The Department must ensure that the 1997, 2008 and 2015 ozone NAAQS are attained and maintained by implementing permanent and Federally enforceable control measures.
Section 110(a) of the CAA (42 U.S.C.A. § 7410(a)) gives the states the primary responsibility for achieving the NAAQS. Section 110(a) of the CAA provides that each state shall adopt and submit to the EPA a plan to implement measures (a SIP) to enforce the NAAQS or a revision to the NAAQS promulgated under section 109(b) of the CAA. A SIP includes the regulatory programs, actions and commitments a state will carry out to implement its responsibilities under the CAA. Once approved by the EPA as a revision to the SIP, the SIP-approved regulatory program, action or commitment is legally enforceable under both Federal and state law.
Section 172(c)(1) of the CAA (42 U.S.C.A. § 7502(c)(1)) provides that SIPs for nonattainment areas must include ''reasonably available control measures,'' including RACT, for sources of emissions of VOC and NOx. The EPA defines RACT as ''[t]he lowest emissions limitation 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 53762 (September 17, 1979).
Section 183(e) of the CAA (42 U.S.C.A. § 7511b(e)) directs the EPA to list for regulation those categories of products that account for at least 80% of the VOC emissions from consumer and commercial products in ozone nonattainment areas. Section 183(e)(3)(C) of the CAA further provides that the EPA may issue a CTG document in place of a National regulation for a product category on the section 183(e) list when the EPA determines that the recommendations of the CTG, when implemented by the affected states, will be ''substantially as effective as regulations'' in reducing emissions of VOCs in ozone nonattainment areas.
Section 182(b)(2) of the CAA (42 U.S.C.A. § 7511a(b)(2)) provides that for moderate ozone nonattainment areas, states must revise their SIPs to include RACT for sources of VOC emissions covered by a CTG document issued by the EPA prior to the area's date of attainment of the applicable ozone NAAQS. For RACT implementation purposes, the entire Commonwealth is treated as a ''moderate'' ozone nonattainment area, because this Commonwealth is included in the Ozone Transport Region (OTR) established under sections 176A and 184 of the CAA (42 U.S.C.A. §§ 7506a and 7511c). Section 184(b) of the CAA (42 U.S.C.A. § 7511c(b)) addresses provisions for the SIP of a state included in the OTR. Section 184(b)(1)(B) of the CAA requires that states in the OTR, including the Commonwealth, submit a SIP revision requiring the implementation of RACT for all sources of VOC emissions in the state covered by a specific CTG and not just for those sources that are located in designated nonattainment areas of the state. The EPA's final implementation rule for the 2015 ozone NAAQS also requires a state within the OTR to submit a SIP revision that demonstrates that it is meeting the RACT requirements of section 184(b) of the CAA for all portions of the state located in an OTR. See 83 FR 63036 (December 6, 2018); and 40 CFR 51.1316 (relating to requirements for an Ozone Transport Region). Consequently, the Commonwealth's SIP must include regulations applicable Statewide to control VOC emissions from existing stationary sources covered by a specific CTG.
In accordance with sections 172(c)(1), 182(b)(2), 183(e) and 184(b)(1)(B) of the CAA, the proposed amendments to § 129.52 and proposed §§ 129.63b and 129.71a establish VOC RACT emission limitations and other requirements for shipbuilding and ship repair facility surface coating operations, large petroleum dry cleaning facilities and SOCMI air oxidation, distillation and reactor processes consistent with the recommendations of the following EPA documents ''Alternative Control Techniques Document: Surface Coating Operations at Shipbuilding and Ship Repair Facilities,'' EPA-453/R-94-032, April 1994, (1994 SB ACT) and the ''Control Techniques Guidelines for Shipbuilding and Ship Repair Operations (Surface Coating),'' 61 FR 44050 (August 27, 1996) (1996 SB CTG); ''Control of Volatile Organic Compound Emissions from Large Petroleum Dry Cleaners,'' EPA-450/3-82-009, September 1982 (1982 LPDC CTG); ''Control of Volatile Organic Compound Emissions from Air Oxidation Processes in Synthetic Organic Chemical Manufacturing Industry,'' EPA-450/3-84-015, December 1984 (1984 SOCMI CTG); and ''Control of Volatile Organic Compound Emissions from Reactor Processes and Distillation Operations Processes in the Synthetic Organic Chemical Manufacturing Industry,'' EPA-450/4-91-031, August 1993 (1993 SOCMI CTG).
The Commonwealth is required to submit a SIP revision to the EPA to address and certify RACT for the 2015 8-hour ozone NAAQS and demonstrate how it will bring the nonattainment areas into attainment and maintenance of the 2015 8-hour ozone standard.
This proposed rulemaking would apply to the owners and operators of shipbuilding and ship repair facilities with surface coating operations, large petroleum dry cleaning facilities, and SOCMI air oxidation, distillation and reactor facilities. The Department reviewed its databases, permits and general permits and identified two shipbuilding and ship repair operations, one air oxidation operation, several reactors and distillation facilities and several small petroleum dry cleaning facilities that fit the source categories for RACT purposes. There are no large petroleum dry cleaning facilities in this Commonwealth that would be impacted by this proposed rulemaking; small petroleum dry cleaners below the proposed emission limit threshold would only be subject to recordkeeping requirements, which are existing obligations under Federal new source performance standards (NSPS) requirements and permitting regulations. See 40 CFR Part 60, Subpart JJJ (relating to standards of performance for petroleum drycleaners). The owners and operators of the two known shipbuilding and ship repair surface coating operations that would be subject to this proposed rulemaking already meet the proposed CTG RACT requirements through existing permit conditions. Another facility in the City of Philadelphia is already subject to a Philadelphia Air Management Services regulation that has been approved as a revision to the Commonwealth's SIP. All of the SOCMI facilities meet the CTG RACT requirements and limitations through equivalent Federal requirements (40 CFR Part 60, Subparts III, NNN and RRR (relating to Standards of performance for Volatile Organic Compound (VOC) Emissions From the Synthetic Organic Chemical Manufacturing Industry (SOCMI) Air Oxidation Unit Processes; Standards of Performance for Volatile Organic Compound (VOC) Emissions From Synthetic Organic Chemical Manufacturing Industry (SOCMI) Distillation Operations; and Standards of Performance for Volatile Organic Compound Emissions From Synthetic Organic Chemical Manufacturing Industry (SOCMI) Reactor Process)) or through existing permit conditions. Therefore, all existing facilities in this Commonwealth that would be subject to the proposed rulemaking already comply with the proposed CTG RACT requirements and emission limits.
This proposed rulemaking is reasonably necessary to attain and maintain the health-based and welfare-based 8-hour ground-level ozone NAAQS and to satisfy related CAA requirements in this Commonwealth.
Public outreach
The Department consulted with the Air Quality Technical Advisory Committee (AQTAC) and the Small Business Compliance Advisory Committee on this proposed rulemaking on October 15, 2020, and October 28, 2020, respectively. Other than two abstentions in the AQTAC vote, both committees voted unanimously to concur with the Department's recommendation to move this proposed rulemaking forward to the Board for consideration. In addition, this proposed rulemaking was discussed with the Citizens Advisory Council (CAC) Policy and Regulatory Oversight (PRO) Committee on November 9, 2020. On the recommendation of the PRO Committee, on November 17, 2020, the CAC concurred with the Department's recommendation to move this proposed rulemaking forward to the Board.
E. Summary of Regulatory Requirements
§ 121.1. Definitions
This proposed rulemaking would amend § 121.1 to add several terms and revise existing definitions to support the proposed amendments under Chapter 129. The proposed revisions to § 121.1 would incorporate terms as they are defined in the EPA's CTGs or Federal NSPS regulations.
§ 129.52. Surface coating processes
This proposed rulemaking would amend § 129.52 to establish VOC RACT requirements and emission limits for shipbuilding and ship repair facilities with surface coating operations consistent with the EPA's 1996 SB CTG.
This proposed rulemaking would amend subsection (a) to establish that this section applies to a shipbuilding or ship repair facility with a surface coating operation that uses or applies more than 264 gallons of one or a combination of coatings listed in Table I, category 12.
Subsection (c)(1) would be amended to require covered facilities to maintain daily records of volume percent of solids for a Table I surface coating process category 12 coating whose VOC content is expressed in units of weight of VOC per volume of coating solids.
This proposed rulemaking would amend Table I to add compliance requirements and emission limits for the VOC content of surface coatings used at shipbuilding or ship repair facilities with coating operations.
§ 129.63b. Control of VOC emissions from large petroleum dry cleaners
This proposed section would establish applicability requirements for large petroleum dry cleaners, definitions for terms used in this section, VOC emission limitations, compliance monitoring and testing requirements, recordkeeping and reporting requirements and exemptions. The proposed definitions for terms used in this section, VOC RACT requirements, limitations and exemptions for large petroleum dry cleaners are consistent with the EPA's 1982 LPDC CTG.
Subsection (a) proposes to require the owner and operator of a petroleum solvent washer, dryer, solvent filter, settling tank, vacuum still, and other containers and conveyors of petroleum solvent used in petroleum dry cleaning facilities which consume 123,000 liters (32,493 gallons) or more of petroleum solvent annually to control their VOC emissions.
Subsection (b) proposes to define the words and terms used in this section, unless the context clearly indicates otherwise.
Subsection (c) proposes to establish the emission limitations for the owner and operator of a petroleum dry cleaning dryer and associated solvent filtration system. This section would require the owner or operator of a petroleum dry cleaning dryer or associated petroleum solvent filtration system to repair a petroleum solvent vapor or liquid leak within 3 working days after identification of the source of the leak.
Subsection (d) proposes to establish compliance monitoring and testing requirements. These requirements include: (1) calculating VOC emissions using EPA test methods and prescribed specifications; (2) verifying the flow rate of recovered solvents to determine compliance; (3) determining compliance by following procedures specified in the subsection; and (4) performing weekly inspections to establish compliance with the requirements of the subsection.
Subsection (e) proposes to require the owner or operator of a petroleum dry cleaning facility subject to this section to maintain records sufficient to demonstrate compliance.
Subsection (f) proposes to require the owner or operator of a petroleum dry cleaning facility, who claims an exemption to certain requirements in proposed subsections (c)—(e), to maintain records of annual solvent consumption onsite for 5 years. This proposed recordkeeping requirement would enable the Department to verify that the applicability threshold in subsection (a) has not been exceeded.
§ 129.71a. Control of VOC emissions from the synthetic organic chemical manufacturing industry—air oxidation, distillation and reactor processes
This proposed section would establish applicability requirements for a SOCMI facility and the standards for process vents, air oxidation unit processes, distillation operations and reactor processes. This proposed section would add a table that lists regulated SOCMI chemicals. The proposed VOC RACT requirements, emission limitations and exemptions in this section for SOCMI facility air oxidation, distillation and reactor processes are consistent with the EPA's 1984 SOCMI CTG and 1993 SOCMI CTG.
Subsection (a) proposes to establish applicability requirements for the owner and operator of a SOCMI facility that has a vent stream originating from a process unit in which an air oxidation unit process, distillation operation or reactor process produces one or more of the chemicals listed in Table 1 as a product, coproduct, byproduct or intermediate.
Subsection (b) proposes to establish VOC control provisions and standards for process vents from air oxidation unit processes, distillation operations and reactor processes for the chemicals listed in Table 1 List of Regulated SOCMI Chemicals.
F. Benefits, Costs and Compliance
Benefits
The Statewide implementation of the VOC emission control measures in this proposed rulemaking would benefit the health and welfare of the approximately 12.8 million residents and the numerous animals, crops, vegetation and natural areas of this Commonwealth by controlling emissions of VOCs, which are precursors to the formation of ground-level ozone air pollution. Exposure to high concentrations of ground-level ozone is a serious human and animal health threat, causing respiratory illnesses and decreased lung function, leading to a lower quality of life. Improved ambient concentrations of ground-level ozone would reduce the incidences of hospital admissions for respiratory ailments including asthma and improve the quality of life for citizens overall. While children, the elderly and those with respiratory problems are most at risk, even healthy individuals may experience increased respiratory ailments and other symptoms when they are exposed to high levels of ambient ground-level ozone while engaged in activities that involve physical exertion.
Improved ambient concentrations of ground-level ozone would also lead to better social well-being through improved growth and yields of agricultural crop and commercial forest products, as well as increased survival of ornamental trees and shrubs used in residential and business-park landscaping. In addition to causing adverse human and animal health effects, the EPA has concluded that high levels of ground-level ozone affects vegetation and ecosystems, leading to reductions in agricultural crop and commercial forest yields by destroying chlorophyll; reduced growth and survivability of tree seedlings; and increased plant susceptibility to disease, pests, and other environmental stresses, including harsh weather. In long-lived species, these effects may become evident only after several years or even decades and have the potential for long-term adverse impacts on forest ecosystems. Ozone damage to the foliage of trees and other plants can decrease the aesthetic value of ornamental species used in residential landscaping, as well as the natural beauty of parks and recreation areas.
In addition to the emissions benefits, new sources of VOCs for the indicated source categories would not need to have permit requirements incorporated into the Commonwealth's SIP to meet Federal CAA obligations. This will make addressing permit changes and source modifications easier and more efficient.
Compliance costs
The emission limitations established by this proposed rulemaking would not require the submission of applications for amendments to existing operating permits. The two shipbuilding and repair facilities in this Commonwealth already have the requirements incorporated in their permits, there are no large petroleum dry cleaners operating at or above the proposed applicability limit in this Commonwealth, and the affected SOCMI units in this Commonwealth already incorporate the EPA's NSPS standards into their existing permits. In the rare event that a permit modification would be necessary, these requirements will be incorporated as applicable requirements at the time of permit renewal, if less than 3 years remain in the permit term, as specified under § 127.463(c) (relating to operating permit revisions to incorporate applicable standards). If 3 years or more remain in the permit term, the requirements would be incorporated as applicable requirements in the permit within 18 months of the promulgation of the final-form rulemaking, as required under § 127.463(b). Consequently, the owners and operators of affected facilities may each realize a savings equal to the fee for submitting an application for an amendment to an existing operating permit, if an amendment to the permit application is not required.
There are no anticipated costs associated with this proposed rulemaking. This proposed rulemaking is designed to address administrative issues associated with failing to have CTG RACT-based regulations for these source categories in this Commonwealth. The Department anticipates cost savings for facility owners and operators and the Department as there would be no need to submit amendments to operating permits to the EPA as revisions to the SIP, especially when a facility owner or operator needs to make permit modifications. The exact cost savings to owners and operators in terms of time and resources for avoiding SIP revisions or permitting actions would vary by facility.
Compliance costs for the owners and operators of affected shipbuilding and ship repair surface coating operations, SOCMI processes, and large petroleum dry cleaners that result from this proposed rulemaking would be negligible. The owners and operators are already in compliance with the proposed CTG RACT requirements for each specific source category. All the known affected facilities are new and meet best available technology and NSPS requirements that are as stringent as the proposed RACT requirements or have permits in place that already meet the proposed RACT requirements.
Compliance assistance plan
The Department will continue to educate and assist the public and the regulated community in understanding the proposed requirements and how to comply with them throughout the rulemaking process. The Department will continue to work with the Department's provider of Small Business Stationary Source Technical and Environmental Compliance Assistance. These services are currently provided by the Environmental Management Assistance Program (EMAP) of the Pennsylvania Small Business Development Centers. The Department has partnered with EMAP to fulfill the Department's obligation to provide confidential technical and compliance assistance to small businesses as required by the APCA, section 507 of the CAA (42 U.S.C.A. § 7661f) and authorized by the Small Business and Household Pollution Prevention Program Act (35 P.S. §§ 6029.201—6029.209).
In addition to providing one-on-one consulting assistance and onsite assessments, EMAP also operates a toll-free phone line to field questions from small businesses in this Commonwealth, as well as businesses wishing to start up in, or relocate to, this Commonwealth. EMAP operates and maintains a resource-rich environmental assistance web site and distributes an electronic newsletter to educate and inform small businesses about a variety of environmental compliance issues.
Paperwork requirements
The recordkeeping and reporting requirements for owners and operators of applicable sources under this proposed rulemaking are minimal because the records required are in line with the records already required to be kept for emission inventory purposes and for other Federal and State requirements.
G. Pollution Prevention
The Pollution Prevention Act of 1990 (42 U.S.C.A. §§ 13101—13109) established a National policy that promotes pollution prevention as the preferred means for achieving State environmental protection goals. The Department encourages pollution prevention, which is the reduction or elimination of pollution at its source, through the substitution of environmentally friendly materials, more efficient use of raw materials and the incorporation of energy efficiency strategies. Pollution prevention practices can provide greater environmental protection with greater efficiency because they can result in significant cost savings to facilities that permanently achieve or move beyond compliance.
Implementation of the proposed CTG RACT requirements would allow the Department and county agencies to control and maintain VOC emissions from the regulated sources in this Commonwealth, sustain the gains made in healthful air quality and ensure continued protection of the environment and the public health and welfare of the citizens of this Commonwealth.
H. Sunset Review
The Board is not establishing a sunset date for this proposed rulemaking since it is needed for the Department to carry out its statutory authority. The Department will closely monitor this proposed rulemaking after promulgation as a final-form rulemaking in the Pennsylvania Bulletin for its effectiveness and recommend updates to the Board as necessary.
I. Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P.S. § 745.5(a)), on January 4, 2022, the Department submitted a copy of this proposed rulemaking to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin and to the Independent Regulatory Review Commission (IRRC) and the Chairpersons of the House and Senate Environmental Resources and Energy Committees. In addition to submitting this proposed rulemaking, the Department has provided IRRC and the House and Senate Committees with a copy of a detailed Regulatory Analysis Form prepared by the Department. A copy of this material is available to the public upon request.
Under section 5(g) of the Regulatory Review Act (71 P.S. § 745.5(g)), IRRC may convey any comments, recommendations or objections to the proposed rulemaking within 30 days of the close of the public comment period. The comments, recommendations or objections must specify the regulatory review criteria in section 5.2 of the Regulatory Review Act (71 P.S. § 745.5b) which have not been met. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the rulemaking by the Department, the General Assembly and the Governor.
J. Public Comments
Interested persons are invited to submit to the Board written comments, suggestions, support or objections regarding this proposed rulemaking. Comments, suggestions, support or objections must be received by the Board by April 4, 2022.
Comments may be submitted to the Board online by accessing eComment at http://www.ahs.dep.pa.gov/eComment.
Comments may also be submitted by e-mail to RegComments@pa.gov. A subject heading of this proposed rulemaking and a return name and address must be included in each transmission.
If an acknowledgement of comments submitted online or by e-mail is not received by the sender within 2 working days, the comments should be retransmitted to the Board to ensure receipt. Comments submitted by facsimile will not be accepted.
Comments may also be submitted to the Board by mail or express mail. Written comments should be mailed to the Environmental Quality Board, P.O. Box 8477, Harrisburg, PA 17105-8477. Express mail should be sent to the Environmental Quality Board, Rachel Carson State Office Building, 16th Floor, 400 Market Street, Harrisburg, PA 17101-2301.
K. Public Hearings
The Board will hold three public hearings for the purpose of accepting comments on this proposed rulemaking. The hearings will be held at 1 p.m. on the following dates:
March 1, 2022 Department of Environmental Protection
Rachel Carson State Office Building
Room 105
400 Market Street
Harrisburg, PA 17101
March 3, 2022 Department of Environmental Protection
Southwest Regional Office
Building 500
Waterfront Conference Room B
400 Waterfront Drive
Pittsburgh, PA 15222
March 4, 2022 Department of Environmental Protection
Southeast Regional Office
Delaware Conference Room
2 East Main Street
Norristown, PA 19401Persons wishing to present testimony at a hearing are requested to contact the Environmental Quality Board, P.O. Box 8477, Harrisburg, PA 17105-8477, (717) 783-8727, RA-EPEQB@pa.gov, at least 1 week in advance of the hearing to reserve a time to present testimony. Language interpretation services are available upon request. Persons in need of language interpretation services must contact Jennifer Swan at (717) 783-8727 by 5 p.m. on February 22, 2022.
Verbal testimony is limited to 5 minutes for each witness. Witnesses are requested to submit three written copies of their oral testimony to the hearing chairperson at the hearing. Organizations are limited to designating one witness to present testimony on their behalf at each hearing.
Persons in need of accommodations as provided for in the Americans with Disabilities Act of 1990 should contact the Board at (717) 783-8727 or through the Pennsylvania Hamilton Relay Service at (800) 654-5984 (TDD) or (800) 654-5988 (voice users) to discuss how the Board may accommodate their needs.
PATRICK McDONNELL,
ChairpersonFiscal Note: 7-568. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 25. ENVIRONMENTAL PROTECTION
PART I. DEPARTMENT OF ENVIRONMENTAL PROTECTION
Subpart C. PROTECTION OF NATURAL RESOURCES
ARTICLE III. AIR RESOURCES
CHAPTER 121. GENERAL PROVISIONS § 121.1. Definitions.
The definitions in section 3 of the act (35 P.S. § 4003) apply to this article. In addition, the following words and terms, when used in this article, have the following meanings, unless the context clearly indicates otherwise:
* * * * * Air dried coating—Coatings which are dried by the use of air or forced warm air at temperatures up to 194°F.
Air flask specialty coating—For purposes of shipbuilding and ship repair coatings under § 129.52 (relating to surface coating processes), Table I, category 12, a special composition coating that is:
(i) Applied to interior surfaces of high-pressure breathing air flasks to provide corrosion resistance.
(ii) Certified as safe for use with breathing air supplies.
Airless cleaning system—A solvent cleaning machine that is automatically operated and seals at a differential pressure of 0.50 pounds per square inch gauge (psig) or less, prior to the introduction of solvent or solvent vapor into the cleaning chamber and maintains differential pressure under vacuum during all cleaning and drying cycles.
Airless spray—A spray coating method in which the coating is atomized by forcing it through a small nozzle opening at high pressure. The coating is not mixed with air before exiting from the nozzle opening.
Air oxidation reactor—For purposes of § 129.71a (relating to control of VOC emissions from the synthetic organic chemical manufacturing industry—air oxidation, distillation and reactor processes):
(i) A device or process vessel in which one or more organic reactants are combined with air, or a combination of air and oxygen, to produce one or more organic compounds.
(ii) The term includes ammoxidation and oxychlorination reactions.
Air pollution—The presence in the outdoor atmosphere of any form of contaminant, including, but not limited to, the discharging from stacks, chimneys, openings, buildings, structures, open fires, vehicles, processes or any other source of any smoke, soot, fly ash, dust, cinders, dirt, noxious or obnoxious acids, fumes, oxides, gases, vapors, odors, toxic, hazardous or radioactive substances, waste or other matter in a place, manner or concentration inimical or which may be inimical to public health, safety or welfare or which is or may be injurious to human, plant or animal life or to property or which unreasonably interferes with the comfortable enjoyment of life or property.
* * * * * Ambient air quality standards—Concentrations of air contaminants in the ambient air, as provided for in Chapter 131 (relating to ambient air quality standards).
Antenna specialty coating—For purposes of shipbuilding and ship repair coatings under § 129.52, Table I, category 12, a coating applied to equipment through which electromagnetic signals must pass for reception or transmission.
Antichafe coating—A coating applied to areas of moving aerospace components that may rub during normal operations or installation.
Antifoulant specialty coating—For purposes of shipbuilding and ship repair coatings under § 129.52, Table I, category 12, a coating that is:
(i) Applied to the underwater portion of a vessel to prevent or reduce the attachment of biological organisms.
(ii) Registered with the EPA as a pesticide under the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C.A. §§ 136—136y).
Antique aerospace vehicle or component—An antique aircraft, as defined by 14 CFR Part 45 (relating to identification and registration marking), or components thereof. An antique aerospace vehicle would not routinely be in commercial or military service in the capacity for which it was designed.
* * * * * Best available technology—Equipment, devices, methods or techniques as determined by the Department which will prevent, reduce or control emissions of air contaminants to the maximum degree possible and which are available or may be made available.
Bitumens—For purposes of shipbuilding and ship repair coatings under § 129.52, Table I, category 12, black or brown materials that consist mainly of hydrocarbons and are soluble in carbon disulfide.
Bituminous resin specialty coating—For purposes of shipbuilding and ship repair coatings under § 129.52, Table I, category 12:
(i) A coating that incorporates bitumens as a principal component and is formulated primarily to be applied to a substrate or surface to resist ultraviolet radiation or water, or both.
(ii) The term is included in the specialty coating category ''repair and maintenance of thermoplastic coating of commercial vessels.''
Blender—A person who owns, leases, operates, controls or supervises an oxygenate blending facility.
* * * * * Closed-cycle depainting system—A dust free, automated process that removes a permanent coating in small sections at a time and maintains a continuous vacuum around the area being depainted to capture emissions.
Coal tar—A dark thick liquid that forms as a byproduct of the process of producing coke from coal.
Coal tar epoxy coating—For purposes of shipbuilding and ship repair coatings under § 129.52, Table I, category 12, a black surface protection polymer that is a blend of various epoxy resins and coal tar used on surfaces subjected to extremely corrosive environments.
Coating—
(i) For purposes of wood furniture manufacturing operations under §§ 129.101—129.107, a protective, decorative or functional material applied in a thin layer to a surface.
(A) The term includes paints, topcoats, clear coats, varnishes, sealers, stains, washcoats, basecoats, inks and temporary protective coatings.
(B) The term does not include adhesives.
(ii) For purposes of paper, film and foil surface coating under § 129.52b (relating to control of VOC emissions from paper, film and foil surface coating processes), a material applied onto or impregnated into a substrate for decorative, protective or functional purposes.
(A) The term includes solvent-borne coatings, waterborne coatings, adhesives, wax coatings, wax laminations, extrusion coatings, extrusion laminations, 100% solid adhesives, UV-cured coatings, electron beam-cured coatings, hot melt coatings and cold seal coatings.
(B) The term does not include materials used to form unsupported substrates, such as calendaring of vinyl, blown film, cast film, extruded film and co-extruded film.
(iii) For purposes of shipbuilding and ship repair coatings under § 129.52, Table I, category 12, a material that is applied in a thin layer to a substrate and which cures to form a continuous solid film.
* * * * * Cold shutdown—A cold repair or replacement of damaged or worn refractory parts of a glass melting furnace while the furnace does not contain molten glass.
Cold weather time period—For purposes of shipbuilding and ship repair coatings under § 129.52, Table I, category 12, a time during which the ambient temperature is below 4.5°C (40°F) and coating is to be applied.
Combustion efficiency—A measure of the extent of a combustion reaction, abbreviated C. E. and computed as follows:
[CO2]
C. E. =
_________________ × 100%
[CO2] + [CO]where: [CO2] = concentration of carbon dioxide and [CO] = concentration of carbon monoxide
* * * * * Container glass—Glass manufactured by pressing, blowing in molds, drawing, rolling or casting which is used as a container.
Container of coating—The bucket, pot, can or other holder from which the coating is applied.
Continuous coater—A surface coating process that continuously applies coatings onto parts moving along a conveyor. Coatings that are not transferred to the part are recycled to a reservoir. Several types of application methods can be used with a continuous coater including spraying, curtain coating, roller coating, dip coating and flow coating.
* * * * * Cryoprotective coating—A coating applied to aerospace vehicles or components that:
(i) Insulates cryogenic or subcooled surfaces to limit propellant boil-off.
(ii) Maintains structural integrity of metallic structures during ascent or reentry.
(iii) Prevents ice formation.
Cure volatile—For purposes of shipbuilding and ship repair coatings under § 129.52, Table I, category 12:
(i) A reaction product which is emitted during the chemical reaction which takes place in some coating films at the cure temperature.
(ii) The reaction product emissions are other than those from the solvents in the coating and may, in some cases, comprise a significant portion of total VOC or HAP emissions, or both.
Curtain coating—The application of a coating to an object by moving the object through a falling curtain of coating.
* * * * * Dispersion technique—An attempt to affect the concentration of a pollutant in the ambient air by methods contained in 40 CFR 51.100(gg)—(kk) (relating to definitions).
Distillation operation—For purposes of § 129.71a:
(i) A process that separates one or more feed streams into two or more exit streams, with each exit stream having component concentrations different from those in the feed streams.
(ii) The separation is achieved by the redistribution of the components between the liquid phase and vapor phase as they approach equilibrium within the distillation unit.
Distributor—
(i) A person who transports, stores or causes the transportation or storage of gasoline at any point between a refinery, blending facility or terminal and a retail outlet or wholesale purchaser-consumer's facility.
(ii) For purposes of § 123.22 (relating to combustion units), a person who transports, stores or causes the transportation or storage of commercial fuel oil at any point between a refinery, blending facility or terminal and a retail outlet, wholesale purchaser-consumer's facility or ultimate consumer.
(iii) The term includes a refinery, a blending facility or a terminal.
* * * * *
Engineered wood panel product—A derivative wood product that is manufactured by binding together the strands, particles, fibers or veneers of wood with adhesives, resins, other coatings or additives, or a combination of these, to form a composite material. The manufacturing process may also use heat or pressure, or both, to form the product. The product is manufactured to precise design specifications which are tested to meet National or international standards.
Epoxy coating—For purposes of shipbuilding and ship repair coatings under § 129.52, Table I, category 12, a thermoset coating formed by reaction of a resin containing a reactive epoxide with a curing agent.
Epoxy polyamide topcoat—A coating applied to aerospace vehicles or components when harder films are required or in some areas where engraving is accomplished in camouflage colors.
* * * * * General plan approval—A plan approval issued for a category of stationary air contamination sources that the Department determines are similar in nature and that can be adequately regulated using standardized specifications and conditions.
General use coating—For purposes of shipbuilding and ship repair coatings under § 129.52, Table I, category 12:
(i) A coating that is not a specialty coating.
(ii) The term includes coal tar epoxy coating.
Generation—With respect to ERCs, an action taken by an owner or operator of an air contamination source, emissions unit or facility that results in the actual reduction of emissions.
* * * * * Heat input—Heat derived from the combustion of fuel in a NOx affected source. The term does not include the heat derived from preheated combustion air, recirculated flue gas or exhaust from another source or combination of sources.
Heat resistant specialty coating—For purposes of shipbuilding and ship repair coatings under § 129.52, Table I, category 12, a coating that must withstand a temperature of at least 204°C (400°F) during normal use.
Heatset—An operation in which heat is required to evaporate ink oils from the printing inks that are applied to the substrate.
* * * * * Heavy-duty diesel vehicle—A diesel-powered motor vehicle with a GVWR of greater than 14,000 pounds.
High-gloss specialty coating—For purposes of shipbuilding and ship repair coatings under § 129.52, Table I, category 12, a coating that achieves at least 85% reflectance on a 60° meter when tested by ASTM Method D-523, ''Standard Test Method for Specular Gloss.''
High temperature coating—[An] For purposes of § 129.73, an aerospace vehicle or component coating designed to withstand temperatures of more than 350°F.
High-temperature specialty coating—For purposes of shipbuilding and ship repair coatings under § 129.52, Table I, category 12, a coating that must withstand a temperature of at least 426°C (800°F) during normal use.
High volume-low pressure spray—The application of a coating by means of a gun which operates between 0.1 and 10.0 psig air pressure.
* * * * * Inner zone of the Southeast Pennsylvania air basin—Philadelphia County; the following political subdivision in Bucks County: Bensalem Township, Bristol Borough, Bristol Township, Falls Township, Morrisville Borough and Tullytown Borough; the following political subdivisions in Montgomery County: Abington Township, Bridgeport Borough, Bryn Athyn Borough, Cheltenham Township, Conshohocken Borough, East Norriton Township, Jenkintown Borough, Lower Merion Township, Lower Moreland Township, Narberth Borough, Norristown Borough, Plymouth Township, Rockledge Borough, Springfield Township, Upper Merion Township, West Conshohocken Borough, West Norriton Township and Whitemarsh Township; and all of Delaware County except for Bethel Township, Birmingham Township, Chester Heights Borough, Concord Township, Edgemont Township, Newton Township and Thornbury Township.
Inorganic zinc (high-build) primer specialty coating—For purposes of shipbuilding and ship repair coatings under § 129.52, Table I, category 12, a coating that:
(i) Contains 960 g/l (8 lb/gal) or more of elemental zinc incorporated into an inorganic silicate binder that is applied to steel to provide galvanic corrosion resistance.
(ii) Is typically applied at more than 2 mils dry film thickness.
Insulation covering—Material that is applied to foam insulation to protect the insulation from mechanical or environmental damage.
* * * * * LDT—light-duty truck—
(i) For purposes of § 129.52 [(relating to surface coating processes)], a light-duty truck is a motor vehicle rated at 8,500 pounds gross vehicle weight or less which is designed primarily for purposes of transportation or major components of the vehicle, including, but not limited to, chassis, frames, doors and engines.
(ii) For purposes of Chapter 126, Subchapter D (relating to the Pennsylvania Clean Vehicles Program), a light-duty truck is a motor vehicle rated at 8,500 pounds gross vehicle weight or less which is designed primarily for purposes of transportation of property or is a derivative of such a vehicle, or is available with special features enabling off-street or off-highway operation and use.
* * * * * Marine deck sealant or marine deck sealant primer—A sealant or sealant primer labeled for application to wooden marine decks.
Maximum allowable thinning ratio—For purposes of shipbuilding and ship repair coatings under § 129.52, Table I, category 12, the maximum volume of thinner that can be added per volume of coating without violating the applicable VOC limit in § 129.52, Table I, category 12.
Maximum heat input capacity—The maximum steady state heat input under which a source may be operated as determined by its physical design and characteristics. Maximum heat input capacity is expressed in millions of British Thermal Units (MMBtu) per unit of time.
* * * * * Metalized epoxy coating—A coating applied to aerospace vehicles or components that contains relatively large quantities of metallic pigmentation for appearance or added protection, or both.
Military exterior specialty coating—For purposes of shipbuilding and ship repair coatings under § 129.52, Table I, category 12:
(i) An exterior topcoat applied to a military or U.S. Coast Guard vessel that is subject to specific chemical, biological or radiological washdown requirements.
(ii) The term is also known as a chemical agent resistant coating.
Minor operating permit modification—A change to incorporate de minimis conditions and other insignificant physical changes to a source or applicable requirements into an existing permit or a change that does not require plan approval but which contravenes an express permit term. The term does not include the following:
* * * * * Miscellaneous metal parts and products—Items made of ferrous or nonferrous metals, including large farm machinery, small farm machinery, small appliances, commercial and industrial machinery, fabricated metal products and items listed under the Standard Industrial Classification Codes 3300—3999. The term does not include cans, coils, automobiles, light-duty trucks, metal furniture, magnet wire, large appliances, aerospace vehicles or components and automobile refinishing and customized top coating of automobiles and trucks, if production since January 1, 1987, has not exceeded 34 vehicles per day.
Mist specialty coating—For purposes of shipbuilding and ship repair coatings under § 129.52, Table I, category 12, a low viscosity, thin film, epoxy coating applied to an inorganic zinc primer that penetrates the porous zinc primer and allows the occluded air to escape through the paint film prior to curing.
Mobile air contamination source—An air contamination source, including, but not limited to, automobiles, trucks, tractors, buses and other motor vehicles; railroad locomotives; ships, boats and other waterborne craft. The term does not include a source mounted on a vehicle, whether the mounting is permanent or temporary, which source is not used to supply power to the vehicle.
* * * * * Natural-finish hardwood plywood panel—A panel on which the original grain pattern is enhanced by an essentially transparent finish frequently supplemented by filler and toner.
Navigational aids specialty coating—For purposes of shipbuilding and ship repair coatings under § 129.52, Table I, category 12, a coating applied to a U.S. Coast Guard buoy or other U.S. Coast Guard waterway marker when it is recoated aboard ship at its usage site and immediately returned to the water.
Necessary preconstruction approvals or permits—Those permits or approvals required under the Clean Air Act or the act and regulations adopted under the acts, which are part of the applicable SIP.
* * * * * Non-Phase 2 outdoor wood-fired boiler—An outdoor wood-fired boiler that has not been certified or qualified by the EPA as meeting a particulate matter emission limit of 0.32 pounds per million Btu output or lower and is labeled accordingly.
Nonskid specialty coating—For purposes of shipbuilding and ship repair coatings under § 129.52, Table I, category 12, a coating applied to the horizontal surfaces of a marine vessel for the specific purpose of providing slip resistance for personnel, vehicles or aircraft.
Nonspecific particulate matter—Particulate matter which is nonodorous and nonirritating, including, but not limited to, alundum, calcium carbonate, cellulose, portland cement, graphite, gypsum, limestone, magnesite, starch, tin oxide and glycerine mist.
Nonstructural adhesive—An adhesive applied to aerospace vehicles or components that bonds nonload bearing aerospace components in noncritical applications and is not included in any other specialty adhesive categories.
Nonvolatiles—Substances that do not evaporate readily. The term:
(i) Refers to the film-forming material of a coating.
(ii) Is also known as solids.
Normally closed—A container or piping system that remains closed unless an operator is actively engaged in adding or removing material.
Normally closed container—A container that is closed unless an operator is actively engaged in activities such as emptying or filling the container.
Northeast Ozone Transport Region—The ozone transport region which includes this Commonwealth as established by section 184(a) of the Clean Air Act.
Nuclear specialty coating—For purposes of shipbuilding and ship repair coatings under § 129.52, Table I, category 12:
(i) A protective coating used to seal porous surfaces such as steel or concrete that otherwise would be subject to intrusion by radioactive materials.
(ii) The coating must meet the following:
(A) Be resistant to long-term (service life) cumulative radiation exposure (ASTM D4082-89, ''Standard Test Method for Effects of Gamma Radiation on Coatings for Use in Light-Water Nuclear Power Plants'').
(B) Be relatively easy to decontaminate.
(C) Be resistant to various chemicals to which the coating is likely to be exposed (ASTM D 3912-80, reapproved 1989, ''Standard Test Method for Chemical Resistance of Coatings Used in Light-Water Nuclear Power Plants'').
O2—Oxygen.
* * * * * Operating parameter value—A minimum or maximum value established for a control [equipment] device or process parameter that, if achieved by itself or in combination with one or more other operating parameter values, determines whether an owner or operator has complied with an applicable emission limitation or standard.
* * * * * Organic liquid cargo vessel—A tanker, freighter, barge, vessel, ship or boat used for the bulk transport of organic liquid cargo.
Organic zinc specialty coating—For purposes of shipbuilding and ship repair coatings under § 129.52, Table I, category 12, a coating derived from zinc dust incorporated into an organic binder that contains more than 960 g/l (8 lb/gal) of elemental zinc, as applied, and that is used for the express purpose of corrosion protection.
Outdoor floor covering installation adhesive—An adhesive intended by the manufacturer for use in the installation of floor covering that is both of the following:
(i) Not in an enclosure.
(ii) Exposed to ambient weather conditions during normal use.
* * * * * Plastics—Synthetic materials chemically formed by the polymerization of organic (carbon-based) substances. Plastics are usually compounded with modifiers, extenders or reinforcers and are capable of being molded, extruded, cast into various shapes and films or drawn into filaments.
Pleasure craft—For purposes of shipbuilding and ship repair coatings under § 129.52, Table I, category 12, a marine or fresh-water vessel used by an individual for noncommercial, nonmilitary or recreational purposes that is less than 20 meters in length, including a vessel rented exclusively to or chartered for individuals for such purposes.
Plywood—A structural material made of layers of laminated plies of veneers or layers of wood glued together, usually with the grains of adjoining layers at right angles to each other.
* * * * * Pretreatment coating—An organic coating that contains at least 0.5% acids by weight and is applied directly to metal surfaces of aerospace vehicles and components to provide surface etching, corrosion resistance, adhesion and ease of stripping.
Pretreatment wash primer specialty coating—For purposes of shipbuilding and ship repair coatings under § 129.52, Table I, category 12, a coating that contains a minimum of 0.5% acid, by mass, and is applied only to bare metal to etch the surface and enhance adhesion of a subsequent coating.
Primary furnace combustion system—The burners in a glass melting furnace that are used during production of glass.
* * * * * Process heater—
(i) An enclosed device using controlled flame, that is not a boiler, the primary purpose of which is to transfer heat to a process material or to a heat transfer material for use in a process unit.
(ii) The term does not include an enclosed device that meets either of the following circumstances:
(A) Has the primary purpose of generating steam.
(B) In which the material being heated is in direct contact with the products of combustion, including:
(I) A furnace.
(II) A kiln.
(III) An unfired waste heat recovery heater.
(IV) A unit used for comfort heat, space heat or food preparation for onsite consumption.
(V) An autoclave.
Process vent—For purposes of § 129.71a, the point of discharge to the atmosphere or the point of entry into a control device of a gas stream from a unit operation subject to § 129.71a.
Project—A physical change in or change in the method of operation of an existing facility, including a new emissions unit.
* * * * * Reactor—A vat or vessel, which may be jacketed to permit temperature control, designed to contain chemical reactions.
Reactor process—For purposes of § 129.71a, a unit operation in which one or more chemicals or reactants other than air are combined or decomposed in a way that their molecular structures are altered and one or more new organic compounds are formed.
Reading air basin—The political subdivisions in Berks County of Bern Township, Cumru Township, Kenhorst Borough, Laureldale Borough, Leesport Borough, Lower Alsace Township, Mohnton Borough, Mt. Penn Borough, Muhlenberg Township, City of Reading, Shillington Borough, Sinking Spring Borough, Spring Township, St. Lawrence Borough, Temple Borough, West Lawn Borough, West Reading Borough, Wyomissing Borough and Wyomissing Hills Borough.
* * * * * Renewal—The process by which a permit may be reissued at the end of its term.
Repair and maintenance of thermoplastic coating of commercial vessels specialty coating—For purposes of shipbuilding and ship repair coatings under § 129.52, Table I, category 12:
(i) A vinyl, chlorinated rubber or bituminous resin coating that is applied over the same type of existing coating to perform the partial recoating of an in-use commercial vessel.
(ii) The term does not include coal tar epoxy coating, which is considered a ''general use'' coating.
Replacement source—A new source which is replacing a NOx affected source where both sources are under common ownership located within this Commonwealth. The NOx affected source shall be deactivated or permitted only as an emergency standby unit to the replacement source with operation limited to a maximum of 500 hours per year following commencement of operation of the replacement source.
* * * * * Rubber-based adhesive—A quick setting contact cement applied to [aeroscape] aerospace vehicles and components that provides a strong, yet flexible, bond between two mating surfaces that may be of dissimilar materials.
Rubber camouflage specialty coating—For purposes of shipbuilding and ship repair coatings under § 129.52, Table I, category 12, an epoxy coating formulated for use as a camouflage topcoat for exterior submarine hulls and sonar domes.
SCAQMD—South Coast Air Quality Management District—The California regional government agency responsible for air pollution control in Los Angeles and Orange counties and parts of Riverside and San Bernardino counties.
* * * * * Sealant—
(i) For purposes of § 129.73:
(A) A material used to prevent the intrusion of water, fuel, air or other liquids or solids from certain areas of aerospace vehicles or components.
(B) There are two categories of sealants:
(I) Extrudable/rollable/brushable sealants.
(II) Sprayable sealants.
(ii) For purposes of § 129.77 and Chapter 130, Subchapter D:
(A) A material with adhesive properties that is formulated primarily to fill, seal, waterproof or weatherproof gaps or joints between two surfaces.
(B) The term includes caulks.
Sealant for thermal spray aluminum specialty coating—For purposes of shipbuilding and ship repair coatings under § 129.52, Table I, category 12, an epoxy coating applied to a thermal spray aluminum surface at a maximum film thickness of 1 dry mil.
Sealant primer—A product intended by the manufacturer for application to a substrate, prior to the application of a sealant, to enhance the bonding surface.
* * * * * Sheet-fed printing—A printing process in which individual sheets of substrate are fed sequentially to the printing press.
Ship—For purposes of shipbuilding and ship repair coatings under § 129.52, Table I, category 12, a marine or freshwater vessel used for military or commercial operations.
(i) The term includes the following:
(A) Barges.
(B) Commercial cargo and container vessels.
(C) Commercial passenger and cruise vessels.
(D) Dredges.
(E) Ferries.
(F) U.S. Military and U.S. Coast Guard vessels.
(G) Navigational aids like buoys.
(H) Patrol and pilot boats.
(I) Self-propelled vessels.
(J) Tankers.
(K) Vessels propelled by other craft such as barges.
(ii) The term does not include the following:
(A) Offshore oil and gas drilling platforms.
(B) Pleasure craft.
Shipbuilding and ship repair operation—For purposes of shipbuilding and ship repair coatings under § 129.52, Table I, category 12, the building, repair, repainting, converting or alteration of a ship.
Shutdown—For purposes of §§ 129.301—129.310, the period of time during which a glass melting furnace is taken from an operational to a non-operational status by allowing it to cool down from its operating temperature to a cold or ambient temperature as the fuel supply is turned off.
* * * * * Space vehicle—A manmade device, either manned or unmanned, designed for operation beyond earth's atmosphere.
(i) The term includes integral equipment, such as models, mock-ups, prototypes, molds, jigs, tooling, hardware jackets and test coupons.
(ii) The term also includes auxiliary equipment associated with test, transport and storage, that through contamination can compromise the space vehicle performance.
Special marking specialty coating—For purposes of shipbuilding and ship repair coatings under § 129.52, Table I, category 12, a coating that is used for safety or identification applications, such as ship numbers and markings on flight decks.
Specialty coating—[A]
(i) For purposes of § 129.73, a coating applied to aerospace vehicles or components that, even though it meets the definition of a primer, topcoat or self-priming topcoat, has additional performance criteria beyond those of primers, topcoats and self-priming topcoats for specific applications. These performance criteria [may include, but are not limited to,] include temperature or fire resistance, substrate compatibility, antireflection, temporary protection or marking, sealing, adhesively joining substrates or enhanced corrosion protection.
(ii) For purposes of shipbuilding and ship repair coatings under § 129.52, a coating that is manufactured or used for one of the specialized shipbuilding and ship repair coating applications listed in Table I, coating categories 12(ii)(a)—(v).
Specialty interior coating—For purposes of shipbuilding and ship repair coatings under § 129.52, Table I, category 12, a coating used on an interior surface aboard a U.S. military vessel that is required to meet specified fire retardant and low toxicity requirements in addition to the other applicable military physical and performance requirements.
Specialized function coating—A coating applied to aerospace vehicles or components that fulfills extremely specific engineering requirements that are limited in application and are characterized by low volume usage. This category excludes coatings included in other specialty coating categories.
* * * * * TPY—Tons per year.
Tack specialty coating—For purposes of shipbuilding and ship repair coatings under § 129.52, Table I, category 12, a thin film epoxy coating applied at a maximum film thickness of 2 dry mils to prepare an epoxy coating that has dried beyond the time limit specified by the manufacturer for the application of the next coat.
Tank car—A rail car which is used for transporting liquids in bulk in an unpackaged form.
* * * * * Thinner—
(i) A volatile liquid that is used to dilute coatings (to reduce viscosity, color strength or solids content or to modify drying conditions).
(ii) For purposes of shipbuilding and ship repair coatings under § 129.52, a liquid that is used to reduce the viscosity of a coating and that evaporates before or during the cure of a film.
(iii) The term includes diluent, makeup solvent, thinning solvent or reducer.
Thinning ratio—The volumetric ratio of thinner to coating, as supplied.
Tileboard—A premium interior wall paneling product made of hardboard that is used in high moisture areas of the home, including kitchens and bathrooms, and which meets the specifications for Class I hardboard approved by the American National Standards Institute.
* * * * * Undersea-based weapons systems components—The fabrication of parts, parts assembly or completed units of a portion of a missile launching system used on undersea ships.
Undersea weapons systems specialty coating—For purposes of shipbuilding and ship repair coatings under § 129.52, Table I, category 12, a coating applied to a component of a weapons system intended to be launched or fired from under the surface of the sea.
Undertread cementing—The application of a solvent-based cement to the underside of a tire tread.
* * * * * Web printing—A printing process in which continuous rolls of substrate material are fed to the printing press and rewound or cut to size after printing.
Weld-through preconstruction primer specialty coating—For purposes of shipbuilding and ship repair coatings under § 129.52, Table I, category 12:
(i) A coating that:
(A) Provides corrosion protection for steel during inventory.
(B) Is typically applied at less than 1 mil dry film thickness.
(C) Is temperature resistant (burn back from a weld is less than 1.25 centimeters (0.5 inch)).
(D) Does not require removal prior to welding.
(E) Does not normally require removal before applying film-building coatings, including an inorganic zinc (high-build) primer specialty coating.
(ii) When constructing new vessels, there may be a need to remove areas of this type of coating due to surface damage or contamination prior to application of film-building coatings.
Wet fastener installation coating—A primer or sealant applied to aerospace vehicles or components by dipping, brushing or daubing on fasteners which are installed before the coating is cured.
* * * * *
CHAPTER 129. STANDARDS FOR SOURCES
SOURCES OF VOCs § 129.52. Surface coating processes.
(a) This section applies as follows to the owner and operator of a [surface]:
(1) Surface coating process category listed in Table I, categories 1—11, regardless of the size of the facility, which emits or has emitted VOCs into the outdoor atmosphere in quantities greater than 3 pounds (1.4 kilograms) per hour, 15 pounds (7 kilograms) per day or 2.7 tons (2,455 kilograms) per year during any calendar year since January 1, 1987.
(2) Shipbuilding or ship repair facility that has a surface coating operation that uses or applies more than 264 gallons of one or a combination of coatings listed in Table I, category 12, beginning (Editor's Note: The blank refers to the effective date of this rulemaking, when published as a final-form rulemaking.).
* * * * * (c) [A] The owner or operator of a facility, regardless of the facility's annual emission rate, which contains surface coating processes shall maintain records sufficient to demonstrate compliance with this section. At a minimum, a facility shall maintain daily records of:
(1) The following parameters for each coating, thinner and other component as supplied:
(i) The coating, thinner or component name and identification number.
(ii) The volume used.
(iii) The mix ratio.
(iv) The density or specific gravity.
(v) The weight percent of total volatiles, water, solids and exempt solvents.
(vi) The volume percent of solids for Table I surface coating process categories 1—10.
(vii) The volume percent of solids for a Table I surface coating process category 12 coating whose VOC content is expressed in units of weight of VOC per volume of coating solids.
(2) The VOC content of each coating, thinner and other component as supplied.
* * * * *
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