[Federal Register Volume 76, Number 232 (Friday, December 2, 2011)]
[Rules and Regulations]
[Pages 75467-75470]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-30924]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2010-0775; FRL-9496-8]


Approval and Promulgation of Air Quality Implementation Plans; 
Louisiana; Revisions To Control Volatile Organic Compound Emissions for 
Surface Coatings and Graphic Arts

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving State Implementation Plan (SIP) revisions for 
control of volatile organic compounds (VOCs) adopted by Louisiana on 
June 20, 2009 and August 20, 2010, and submitted to EPA on August 31, 
2010. EPA is also approving, by parallel processing, a SIP revision for 
control of emission of organic compounds which was proposed by 
Louisiana on January 10, 2011 and adopted on April 20, 2011. EPA issued 
Control Techniques Guidelines (CTGs) in 2006, 2007 and 2008; 
Louisiana's rule revisions being approved in this action were developed 
in response to these CTGs. EPA is approving these revisions because 
they meet the requirements of Reasonably Available Control Technology 
(RACT) as set forth in the Clean Air Act (CAA) as well as the 
requirements of EPA's regulations, and they are consistent with EPA's 
guidance. This action is being taken under section 110 and part D of 
the CAA.

DATES: This final rule is effective on January 3, 2012.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R06-OAR-2010-0775. All documents in the docket 
are listed at http://www.regulations.gov. Although listed in the index, 
some information is not publicly available, e.g., Confidential Business 
Information 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 through www.regulations.gov or in hard copy at the Air 
Planning Section (6PD-L), Environmental Protection Agency, 1445 Ross 
Avenue, Suite 700, Dallas, Texas 75202-2733. The file will be made 
available by appointment for public inspection in the Region 6 Freedom 
of Information Act (FOIA) Review Room between the hours of 8:30 a.m. 
and 4:30 p.m. weekdays except for legal holidays. Contact the person 
listed in the FOR FURTHER INFORMATION CONTACT paragraph below or Mr. 
Bill Deese at (214) 665-7253 to make an appointment. If possible, 
please make the appointment at least two working days in advance of 
your visit. There will be a 15 cent per page fee for making photocopies 
of documents. On the day of the visit, please check in at the EPA 
Region 6 reception area at 1445 Ross Avenue, Suite 700, Dallas, Texas.

FOR FURTHER INFORMATION CONTACT: Ms. Ellen Belk, Air Planning Section 
(6PD-L), Environmental Protection Agency, Region 6, 1445 Ross Avenue, 
Suite 700, Dallas, Texas 75202-2733, telephone (214) 665-2164; fax 
number (214) 665-7263; email address [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,'' 
``us,'' or ``our'' is used, we mean the EPA.

Outline

I. What is the background for these actions?
II. What comments did we receive on the proposed rule?
III. What actions are we taking?
IV. Statutory and Executive Order Reviews

[[Page 75468]]

I. What is the background for these actions?

    This action approves rules to implement measures in response to 
CTGs issued in 2006, 2007, and 2008. We are approving these revisions 
because they enhance the Louisiana SIP by improving control of 
emissions from VOC sources in Louisiana. These revisions reflect 
changes in response to CTGs issued in 2006, 2007 and 2008. These CTGs 
cover the following source categories: Consumer and Commercial Products 
Group II: Control Techniques Guidelines in Lieu of Regulations for 
Flexible Packaging Printing Materials, Lithographic Printing Materials, 
Letterpress Printing Materials, Industrial Cleaning Solvents, and Flat 
Wood Paneling Coatings (71 FR 58745, October 5, 2006); Consumer and 
Commercial Products: Control Techniques Guidelines in Lieu of 
Regulations for Paper, Film, and Foil Coatings; Metal Furniture 
Coatings; and Large Appliance Coatings (72 FR 57215, October 9, 2007); 
Consumer and Commercial Products, Group IV: Control Techniques 
Guidelines in Lieu of Regulations for Miscellaneous Metal Products 
Coatings, Plastic Parts Coatings, Auto and Light-Duty Truck Assembly 
Coatings, Fiberglass Boat Manufacturing Materials, and Miscellaneous 
Industrial Adhesives (73 FR 58481, October 7, 2008). These revisions 
include updates to the following Louisiana rules: Chapter 1 General 
Provisions, amendments to Sec.  111 Definitions; Chapter 21 Control of 
Emission of Organic Compounds, amendments to Sec.  2123 Organic 
Solvents, and Sec.  2143 Graphic Arts (Printing) by Rotogravure, 
Flexographic, Offset Lithographic, Letterpress, and Flexible Package 
Printing Processes.
    Also, this action finds that these revisions meet RACT requirements 
for the above source categories. These revisions meet statutory and 
regulatory requirements, and are consistent with EPA's guidance. EPA is 
approving these revisions pursuant to section 110 and part D of the 
CAA. For additional information, see our March 17, 2011, proposal (76 
FR 14602).\1\
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    \1\ We note that in our March 17, 2011 proposal, the summary of 
Louisiana's graphics arts regulations contains certain details which 
are not correct. The reference to applicability for the graphic arts 
rules should refer to Sec.  2143. A. (rather than B.). Also, in East 
Baton Rouge, Iberville, Livingston, Pointe Coupee and West Baton 
Rouge parishes, the rules apply to any facility with the potential 
to emit a combined weight of VOCs greater than 25 tpy (rather than 
50 tpy). The applicability in the rules is consistent with 
requirements for a severe nonattainment area. These inadvertent 
errors in the description of the Louisiana rules do not affect our 
decision to approve the rule revisions.
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II. What comments did we receive on the proposed rule?

    We received a comment letter from American Coatings Association on 
our proposed rulemaking. The comment letter was received by email and 
is available for review in the electronic docket for this rulemaking at 
the regulations.gov Web site (Docket No. EPA-R06-OAR-2010-0775). Our 
response to the comment letter is provided below.

Response to Comments

    Comments: American Coatings Association (ACA) expressed concerns 
with the Pleasure Craft portion of the Control Techniques Guidelines 
(CTG) for Miscellaneous Metal and Plastic Parts Coatings, Group IV. The 
ACA objected to the limits the CTG recommended as being RACT for the 
Pleasure Craft coatings industry, and requested modifications to the 
VOC limits for three categories, changes to the definition of two 
categories, an additional specialty coating category, and an exemption. 
These requested changes are summarized as follows:

Finish Primer/Surfacer:
    Revised VOC Limit (from 420 g/L to 600 g/L).
Extreme High Gloss Coating
    Revised VOC Limit (from 490 g/L to 600 g/L).
    Revised Definition.
Other Substrate Anti-Foulant Coating:
    Revised VOC Limit (from 330 g/L to 400 g/L).
Anti-fouling Sealer/Tie Coat (new category):
    Additional Specialty Category and VOC Limit of 420 g/L.
Pre-Treatment Wash Primer:
    Revised Definition.
Small Container Exemption.

According to ACA, these revisions are necessary to meet customer 
expectations and continue to make the industry economically viable.
    As mentioned above, the comment letter is available in the docket 
for this action.
    Response: This rulemaking action is limited to approval of the 
state's official SIP submittal, submitted to us on August 31, 2010. 
Specifically, this action concerns whether the rules that LDEQ 
submitted to EPA to meet the requirements of section 182(b)(2)(A) of 
the CAA meet statutory and regulatory requirements. The state revised 
its Miscellaneous Metal and Plastic Parts Coatings regulations based on 
EPA's 2008 guidance titled ``Control Techniques Guidelines for 
Miscellaneous Metal Products Coatings and Plastic Parts Coatings.'' As 
explained in more detail in our proposal, EPA determined that the 
state's submitted revisions meet RACT requirements and are consistent 
with the 2008 guidance. The comments do not present evidence of why the 
requirements established in the State's submission are inconsistent 
with the RACT requirement of the Act and thus provide no basis for our 
disapproval of the State submission.
    EPA must either approve or disapprove the state's submitted SIP 
revision pursuant to CAA section 110(k)(3), 42 U.S.C. 7407(k)(3). As a 
matter of law, EPA is required to approve a SIP revision if it meets 
the Act's requirements. EPA has no authority to modify the State's 
submission.
    We note that issues similar to those raised by the Commenters have 
previously been raised to the Agency. In response to those concerns, 
EPA issued guidance that provides additional information regarding the 
pleasure craft industry in a memorandum from Stephen D. Page, Director, 
OAQPS, dated June 1, 2010, titled, ``Control Technique Guidelines for 
Miscellaneous metal and Plastic Part Coatings--Industry Request for 
Reconsideration.'' The Page memorandum provides additional information 
on how the Commenters' concerns can best be addressed. The memo, in 
part, states: ``After careful evaluation of the issues raised by the 
pleasure craft industry, OAQPS is recommending that the pleasure craft 
industry work with state agencies during their RACT rule development 
process to assess what is reasonable for the specific sources regulated 
because the CTG impose no legally binding requirements on any entity, 
including pleasure craft coating facilities * * *. The CTG are intended 
to provide state and local air pollution control authorities with 
information to assist them in determining RACT for VOC * * * States can 
use the recommendations from the MMPPC CTG to inform their own 
determination as to what constitutes RACT for VOC for pleasure craft 
coating operations in their particular nonattainment areas.'' (p. 3 of 
the June 1, 2010 Memo). In addition, we note that LDEQ considered 
similar comments from the Commenters prior to the adoption of this SIP 
package by the State on August 10, 2010 and provided those comments to 
us in its official SIP submittal. Those comments are a part of the 
state's official submittal, which is included in the docket for this 
rulemaking.

[[Page 75469]]

III. What actions are we taking?

    EPA is approving SIP revisions for control of emission of volatile 
organic compounds (VOC) adopted by Louisiana on June 20, 2009, and 
August 20, 2010, and submitted to EPA as part of a larger submittal on 
August 31, 2010. These revisions were included as appendices to the 
second of three volumes submitted by the LDEQ in August 2010; these are 
Appendices A and B of the second volume, entitled ``VOC RACT Control 
Technique Guidelines''. We are also approving, by parallel processing, 
a revision for control of emission of VOC adopted on April 20, 2011, 
which is a small wording change. Together, these August 2010 and April 
2011 revisions include updates to the following Louisiana rules: 
Chapter 1 General Provisions, amendments to Sec.  111 Definitions; 
Chapter 21 Control of Emission of Organic Compounds, amendments to 
Sec.  2123 Organic Solvents, and Sec.  2143 Graphic Arts (Printing) by 
Rotogravure, Flexographic, Offset Lithographic, Letterpress, and 
Flexible Package Printing Processes.
    We are approving these revisions as meeting the requirements of the 
CAA, including CAA section 182(b)(2)(A). These revisions reflect 
changes in response to CTGs issued in 2006, 2007 and 2008: Consumer and 
Commercial Products Group II: Control Techniques Guidelines in Lieu of 
Regulations for Flexible Packaging Printing Materials, Lithographic 
Printing Materials, Letterpress Printing Materials, Industrial Cleaning 
Solvents, and Flat Wood Paneling Coatings (71 FR 58745, October 5, 
2006); Consumer and Commercial Products: Control Techniques Guidelines 
in Lieu of Regulations for Paper, Film, and Foil Coatings; Metal 
Furniture Coatings; and Large Appliance Coatings (72 FR 57215, October 
9, 2007); Consumer and Commercial Products, Group IV: Control 
Techniques Guidelines in Lieu of Regulations for Miscellaneous Metal 
Products Coatings, Plastic Parts Coatings, Auto and Light-Duty Truck 
Assembly coatings, Fiberglass Boat Manufacturing Materials, and 
Miscellaneous Industrial Adhesives (73 FR 58481, October 7, 2008).
    We have determined that these revisions meet the requirements of 
the CAA and our regulations, and that they are consistent with EPA's 
guidance. EPA is granting approval of these revisions pursuant to 
section 110 and part D of the CAA.
    As previously mentioned, more information on the SIP revisions we 
are approving can be found in our proposal published in the March 17, 
2011 Federal Register (76 FR 14602).

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act 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 Clean Air Act. 
Accordingly, this action merely approves state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this 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 Clean Air Act; 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 rule 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.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by January 31, 2012. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purposes of 
judicial review nor does it extend the time within which a petition for 
judicial review may be filed, and shall not postpone the effectiveness 
of such rule or action. This action may not be challenged later in 
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental 
relations, Incorporation by reference, Nitrogen dioxides, Ozone, 
Particulate matter, Reporting and recordkeeping requirements, Volatile 
organic compounds.

    Dated: November 7, 2011.
Al Armendariz,
Regional Administrator, Region 6.

    40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart T--Louisiana

0
2. The table in Sec.  52.970(c) entitled ``EPA Approved Louisiana 
Regulations in the Louisiana SIP'' is amended as follows:
0
a. Under Chapter 1, by adding a new entry for Section 111;

[[Page 75470]]

0
b. Under Chapter 21, Subchapter B, by adding a new entry for Section 
2123;
0
c. Under Chapter 21, Subchapter H, by adding a new entry for Section 
2143.
    The additions read as follows:


Sec.  52.970  Identification of plan.

* * * * *
    (c) * * *

                             EPA Approved Louisiana Regulations in the Louisiana SIP
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                                                        State approval
          State citation              Title/subject          date        EPA approval date         Comments
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                                LAC Title 33. Environmental Quality Part III. Air
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                                          Chapter 1--General Provisions
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                                                  * * * * * * *
Section 111......................  Definitions........       8/20/2010  12/2/2011 [Insert    Revisions to
                                                                         FR page number       Section 111
                                                                         where document       approved in the
                                                                         begins].             Louisiana Register
                                                                                              August 20, 2010
                                                                                              (LR 36:1773).
                                                  * * * * * * *
 
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                              Chapter 21--Control of Emissions of Organic Compounds
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                                                  * * * * * * *
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                                         Subchapter B--Organic Solvents
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Section 2123.....................  Organic Solvents...       4/20/2011  12/2/2011 [Insert    Revisions to
                                                                         FR page number       Section 2123
                                                                         where document       approved in the
                                                                         begins].             Louisiana Register
                                                                                              April 20, 2011 (LR
                                                                                              37:1150).
                                                  * * * * * * *
 
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                                           Subchapter H--Graphic Arts
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Section 2143.....................  Graphic Arts              6/20/2009  12/2/2011 [Insert    Revisions to
                                    (Printing) by                        FR page number       Section 2143
                                    Rotogravure and                      where document       approved in the
                                    Flexographic                         begins].             Louisiana Register
                                    Processes. Control                                        June 20, 2009 (LR
                                    Requirements.                                             35:1101).
 
                                                  * * * * * * *
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[FR Doc. 2011-30924 Filed 12-1-11; 8:45 am]
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