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PA Bulletin, Doc. No. 04-1453

NOTICES

Proposed Revision to the State Implementation Plan for Architectural and Industrial Maintenance Coatings; SAU-SEA Swimming Pool Products, Inc. Variance Application for Swimming Pool Coatings; Public Hearings

[34 Pa.B. 4203]

   SAU-SEA Swimming Pool Products, Inc. (SAU-SEA) has submitted an application, dated May 27, 2004, and revised on June 18, 2004, for a variance from the volatile organic compound (VOC) content limits in 25 Pa. Code § 130.603 (relating to standards) for interior SAU-SEA coatings. The SAU-SEA variance application was submitted in accordance with 25 Pa. Code § 130.606 (relating to application for variance), which provides that a person who cannot comply with the VOC content limits in 25 Pa. Code § 130.603(a) may apply in writing to the Department of Environmental Protection (Department) for a variance. In accordance with 25 Pa. Code § 130.606, the application for variance must address the specific grounds upon which the variance is sought, the proposed date by which compliance with 25 Pa. Code § 130.603(a) will be achieved and a compliance report detailing the methods by which compliance will be achieved. The Department will submit each Variance Order to the United States Environmental Protection Agency for approval as a State Implementation Plan (SIP) revision.

   In accordance with 25 Pa. Code § 130.606, the Department will not grant a variance unless the applicant demonstrates in writing to the Department's satisfaction that:

   (1)  It is technologically infeasible for the applicant to comply with the requirements of 25 Pa. Code § 130.603 (a).

   (2)  The public interest in issuing the variance would outweigh the public interest in avoiding increased emissions of air contaminants that would result from issuing the variance.

   (3)  The compliance program proposed by the applicant can reasonably be implemented and will achieve compliance as expeditiously as possible.

   SAU-SEA claims, in its application for variance, that it is technologically infeasible for SAU-SEA to formulate certain swimming pool coatings to comply with the VOC content limit for swimming pool coatings specified in 25 Pa. Code § 130.603(a). In the application for variance, SAU-SEA describes a research and development compliance plan by which compliance with the regulations will be achieved, and SAU-SEA indicates that the company's research and development efforts are directed toward a compliance goal of January 1, 2008.

   In accordance with the requirements of 25 Pa. Code § 130.610 (relating to public hearings), the Department is seeking public comment on the SAU-SEA variance application and on a proposed SIP revision. Specifically, the Department is seeking comment on the following:

   (1)  If a variance from the requirements in 25 Pa. Code § 130.603(a) is necessary.

   (2)  Under what conditions a variance from the requirements in 25 Pa. Code § 130.603(a) is necessary.

   (3)  To what extent a variance from the requirements in 25 Pa. Code § 130.603(a) is necessary.

   In addition, the Department will also seek comment on a Department-proposed Variance Order for issuance to SAU-SEA, as well as proposed revisions to the SIP. The Department-proposed Variance Order for issuance to SAU-SEA includes a requirement that compliance with 25 Pa. Code § 130.603 will be achieved by January 1, 2008, and that incremental progress reports will be sent to the Department to assure timely compliance. A variance issued by the Department shall cease to be effective upon failure of the party to whom the variance was granted to comply with a term or condition of the variance.

   Based on data provided by SAU-SEA regarding sales in this Commonwealth of the materials for which the variance is requested, the Department estimates that, if the variance is granted, Statewide VOC emissions will be approximately 0.032 ton per day higher than if SAU-SEA were to market coatings at the compliance level. For the five-county Southeast Pennsylvania ozone nonattainment area, the granting of the variance will result in VOC emissions approximately 0.01 ton per day higher than if the affected materials were formulated at compliance levels.

Availability of Documents

   SAU-SEA's application for a variance and the Department's proposed Variance Order are available from Terry Black, Chief, Regulation and Policy Development Section, Division of Air Resource Management, Bureau of Air Quality, P. O. Box 8468, Harrisburg, PA 17105-8468, tblack@state.pa.us. SAU-SEA's application for variance and the Department's proposed Variance Order are also available on the Department's website:  www.dep. state.pa.us (Subjects, Air Quality, Regs/Plans, Clean Air Plans).

Public Hearings

   The Department will hold two public hearings to receive comments on the variance application submitted by SAU-SEA, as well as the proposed SIP revision and the Department-proposed Variance Order. The public hearings will begin at 1 p.m. as follows:

September 15, 2004 Southeast Regional Office
Stony Creek Room
2 East Main Street
Norristown, PA 19401
September 17, 2004 Southcentral Regional Office
Susquehanna River Conference Room
909 Elmerton Avenue
Harrisburg, PA 17110.

   Persons wishing to present testimony at a hearing should reserve a time by contacting Susan Ferree, P. O. Box 8468, Harrisburg, PA 17105, (717) 787-9495, sferree@state.pa.us. Persons who do not reserve a time will be able to testify as time allows. Witnesses should keep testimony to 10 minutes and should provide two written copies at the hearing. Persons with a disability who wish to attend the hearing and require an auxiliary aid, service or other accommodation to participate in the proceedings should contact Wick Havens, (717) 787-9495. TDD users should contact the AT&T Relay Service at (800) 654-5984 to discuss how the Department can best accommodate their needs.

Written Comments

   Written comments should be sent by 12 p.m. on October 18, 2004, to Terry Black, Chief, Regulation and Policy Development Section, Division of Air Resource Management, Bureau of Air Quality, P. O. Box 8468, Harrisburg, PA 17105-8468.

KATHLEEN A. MCGINTY,   
Secretary

[Pa.B. Doc. No. 04-1453. Filed for public inspection August 6, 2004, 9:00 a.m.]


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