[Federal Register Volume 76, Number 185 (Friday, September 23, 2011)]
[Proposed Rules]
[Pages 59087-59088]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-24518]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2011-0721; FRL-9470-9]


Approval and Promulgation of Air Quality Implementation Plans; 
Delaware; Adhesives and Sealants Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve State Implementation Plan (SIP) 
revision submitted by the State of Delaware. The SIP revision adds 
section 4.0, under Regulation 1141, relating to the control of 
emissions of volatile organic compounds (VOC) from the manufacture, 
sale, use, or application of adhesives, sealants, primers, and 
solvents. This action is being taken under the Clean Air Act (CAA).

DATES: Written comments must be received on or before October 24, 2011.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2011-0721 by one of the following methods:
    A. http://www.regulations.gov. Follow the on-line instructions for 
submitting comments.
    B. E-mail: [email protected].
    C. Mail: EPA-R03-OAR-2011-0721, Cristina Fernandez, Associate 
Director, Office of Air Program Planning, Mailcode 3AP30, U.S. 
Environmental Protection Agency, Region III, 1650 Arch Street, 
Philadelphia, Pennsylvania 19103.
    D. Hand Delivery: At the previously-listed EPA Region III address. 
Such deliveries are only accepted during the Docket's normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information.
    Instructions: Direct your comments to Docket ID Number EPA-R03-OAR-
2011-0721. EPA's policy is that all comments received will be included 
in the public docket without change, and may be made available online 
at  http://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site 
is an ``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through http://www.regulations.gov, your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses.
    Docket: All documents in the electronic docket are listed in the 
http://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, i.e., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available either electronically in http://www.regulations.gov or in hard copy during normal business hours at the 
Air Protection Division, U.S. Environmental Protection Agency, Region 
III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the 
State submittal are available at the Delaware Department of Natural 
Resources and Environmental Control, 89 Kings Highway, P.O. Box 1401, 
Dover, Delaware 19903.

FOR FURTHER INFORMATION CONTACT: Gregory Becoat, (215) 814-2036, or by 
e-mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On June 9, 2009, the Delaware Department of Natural Resources and 
Environmental Control (DNREC) submitted a revision to the Delaware SIP. 
The SIP revision consists of Delaware's regulation for reducing VOCs 
from commercially-used adhesive and sealant products by adding section 
4.0--Adhesives and Sealants under Regulation 1141--Limiting Emissions 
of Volatile Organic Compounds from Consumer and Commercial Products. 
The revisions are part of Delaware's strategy to achieve and maintain 
the 8-hour ozone national ambient air quality standard (NAAQS) 
throughout the State.

[[Page 59088]]

III. Summary of SIP Revision

    The SIP revision consists of the following amendments:

New Regulation--Regulation 1141 Section 4.0--Adhesives and Sealants

    Section 4.0 is a new regulation based on the Ozone Transport 
Commission (OTC) model rule that in turn was based on the California 
Air Resources Board (CARB) model rule. Section 4.0 addresses adhesive, 
sealants, adhesive primers, and sealant primers that are sold in larger 
containers and used primarily in commercial and industrial 
applications, which include residential applications of these products, 
such as carpet, flooring, and roofing installations.
    The OTC states developed a model rule ``OTC Model Rule For 
Adhesives and Sealants'' dated 2006 which was based on the 1998 CARB 
reasonably available control technology (RACT) determination. This RACT 
determination applied to both the manufacture and use of adhesives, 
sealants, adhesive primers, or sealant primers, in both industrial and 
manufacturing facilities and in the field. California Air Districts 
used this determination to develop regulations for this category. EPA 
addressed this source category with a Control Techniques Guideline 
(CTG) document for Miscellaneous Industrial Adhesives, dated September 
2008. This CTG was developed in response to section 183(e) of the CAA 
requirement for EPA to study and regulate consumer and commercial 
products, which is included in EPA's Report to Congress, ``Study of 
Volatile Organic Compound Emissions from Consumer and Commercial 
Products--Comprehensive Emissions Inventory.'' The miscellaneous 
industrial adhesives category was limited to adhesives and adhesive 
primers used in industrial and manufacturing operations and did not 
include products applied in the field. Therefore, the OTC model rule 
and state efforts in developing individual regulations preceded EPA's 
CTG for this source category and were broader in applicability.
    The new section 4.0 adds regulations that: (a) Set standards for 
the application of adhesives, sealants, adhesive primers, and sealant 
primers by providing options for appliers either to use a product with 
a VOC content equal to or less than a specified limit or to use add-on 
controls; (b) add definitions and terms for new product categories; (c) 
establish that any person may not use or apply at the facility an 
adhesive, sealant, adhesive primer or sealant primer that exceeds the 
VOC content limits; (d) specify requirements for person of a facility 
that uses or applies a surface preparation solvent or cleanup solvent 
or removes an adhesive, sealant, adhesive primer, and sealant primer 
from the parts of spray application equipment; (e) provide for an 
alternative add-on control system requirement of at least 85 percent 
overall control efficiency (capture and destruction), by weight; (f) 
specify requirements for proper storage and disposal, work practices, 
surface preparation, and cleanup solvent composition; and (g) specify 
exemptions, as well as registration and product labeling requirements, 
recordkeeping requirements, and test methods and compliance procedures.
    A detailed summary of EPA's review of and rationale for proposing 
to approve this SIP revision may be found in the Technical Support 
Document (TSD) for this action which is available on-line at http://www.regulations.gov, Docket number EPA-R03-OAR-2011-0721.

III. Proposed Action

    EPA is proposing to approve the Delaware SIP revision adding 
section 4.0--Adhesives and Sealants to Regulation 1141--Limiting 
Emissions of Volatile Organic Compounds from Consumer and Commercial 
Products. EPA is soliciting public comments on the issues discussed in 
this document. These comments will be considered before taking final 
action.

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 CAA and applicable 
Federal regulations. 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. Accordingly, 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 Order 
12866 (58 FR 51735, October 4, 1993);
     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).

In addition, this proposed rule, pertaining to Delaware's control of 
VOCs from adhesives and sealants, does not have Tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the state, and EPA notes that it will not impose substantial direct 
costs on Tribal governments or preempt Tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Ozone, Reporting 
and recordkeeping requirements, Volatile organic compounds.

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

    Dated: September 6, 2011.
James W. Newsom,
Acting, Regional Administrator, Region III.
[FR Doc. 2011-24518 Filed 9-22-11; 8:45 am]
BILLING CODE 6560-50-P