2194 Proposed revision to the state implementation plan for architectural and industrial maintenance coatings; ChemMasters variance application for concrete curing compounds, waterproofing sealers and waterproofing concrete/masonry sealers; public ...

Proposed Revision to the State Implementation Plan for Architectural and Industrial Maintenance Coatings; ChemMasters Variance Application for Concrete Curing Compounds, Waterproofing Sealers and Waterproofing Concrete/Masonry Sealers; Public Hearings

[34 Pa.B. 6606]

   ChemMasters Specialty Construction Products (ChemMasters) has submitted an application, dated November 10, 2004, to the Department of Environmental Protection (Department) for a variance from the volatile organic compound (VOC) content limits in 25 Pa. Code § 130.603 (relating to standards) for ''concrete curing compounds,'' ''waterproofing sealers'' and ''waterproofing concrete/masonry sealers.'' The ChemMasters 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 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 § 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 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.

   ChemMasters claims in the November 10, 2004, application for variance that it is technologically infeasible for ChemMasters to produce certain ''concrete curing compounds,'' ''waterproofing sealers'' and ''waterproofing concrete/masonry sealers'' to comply with the VOC content limit for ''clear wood coatings--varnishes'' specified in 25 Pa. Code § 130.603(a) '' . . . without creating unacceptable safety hazards for employees in the ChemMasters production facility.'' In the application for variance, ChemMasters describes a compliance plan that includes redesign of the production facility, including installation of new electrical components and fire suppression equipment and reformulation of coatings to permit the company to safely produce complying coatings. In the application for variance, ChemMasters indicates that the company's efforts are directed toward a targeted compliance goal of August 15, 2005.

   In accordance with 25 Pa. Code § 130.610 (relating to public hearings), the Department will hold public hearings on the ChemMasters variance application to seek public comment on the following:

   (1)  Whether a variance from 25 Pa. Code § 130.603(a) is necessary.

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

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

   In addition to the previous, the Department will also seek comment on a Department-proposed Variance Order for issuance to ChemMasters, as well as proposed revisions to the SIP. The Department-proposed Variance Order for issuance to ChemMasters includes a requirement that compliance with 25 Pa. Code § 130.603 will be achieved by August 15, 2005, 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 ChemMasters 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 .05 ton per day higher than if ChemMasters were to market coatings at the compliance level.

Public Hearings

   The Department will hold two public hearings to receive comments on the variance application submitted by ChemMasters, as well as the proposed SIP revisions and the Department-proposed Variance Order. The public hearings will be held as follows:

January 13, 2005 10 a.m.	Southeast Regional Office 2 East Main Street Norristown, PA 19401
January 14, 2005 1 p.m.	Southcentral Regional Office 909 Elmerton Avenue Harrisburg, PA 17110

   Persons wishing to present testimony at hearing should reserve a time by contacting Susan Ferree, P. O. Box 8468, Harrisburg, PA 17105, [phone], [e-mail]. 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 a hearing and require an auxiliary aid, service or other accommodation to participate in the proceedings should contact Wick Havens, [phone]. TDD users should contact the AT&T Relay Service at [phone] to discuss how the Department can best accommodate their needs.

Written Comments

   Written comments on the variance application submitted by ChemMasters, as well as the proposed SIP revisions and the Department-proposed Variance Order, should be sent by 12 p.m. on January 20, 2005, 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.

Availability of Documents

   ChemMasters' application for a variance and the Department's proposed Variance Order are available from Terry Black at the previous address or at [e-mail]. These documents are also available on the Department's website:  www.dep.state.pa.us (Subjects/Air Quality/Regs Plans/Clean Air Plans).

KATHLEEN A. MCGINTY,   
Secretary

[Pa.B. Doc. No. 04-2194. Filed for public inspection December 10, 2004, 9:00 a.m.]