[Federal Register Volume 76, Number 246 (Thursday, December 22, 2011)]
[Rules and Regulations]
[Pages 79537-79539]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-32646]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2011-0721; FRL-9609-2]


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

AGENCY: Environmental Protection Agency (EPA).

[[Page 79538]]


ACTION: Final rule.

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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision 
submitted by the State of Delaware. The 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. EPA is approving this 
SIP revision to meet the requirements of a reasonably available control 
technology (RACT) rule for the miscellaneous industrial adhesives 
control techniques guideline (CTG) category in accordance with the 
requirements of the Clean Air Act (CAA).

DATES: Effective date: This final rule is effective on January 23, 
2012.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2011-0721. All documents in the docket are listed in 
the www.regulations.gov Web site. Although listed in the electronic 
docket, some information is not publicly available, i.e., confidential 
business information (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 through www.regulations.gov or in hard 
copy for public inspection 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 
& Environmental Control, 89 Kings Highway, P.O. Box 1401, Dover, 
Delaware 19901.

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

SUPPLEMENTARY INFORMATION:

I. Background

    On September 23, 2011 (76 FR 59087), EPA published a notice of 
proposed rulemaking (NPR) for the State of Delaware. The NPR proposed 
approval of the Delaware SIP revision that adds section 4.0--Adhesives 
and Sealants under Regulation 1141--Limiting Emissions of Volatile 
Organic Compounds from Consumer and Commercial Products in order to 
reduce VOCs from commercially-used adhesive and sealant products. The 
revision is part of Delaware's strategy to achieve and maintain the 8-
hour ozone national ambient air quality standard (NAAQS) throughout the 
State. EPA received no comments on the NPR to approve Delaware's SIP 
revision. The formal SIP revision was submitted by the State of 
Delaware on June 9, 2009.

II. Summary of SIP Revision

    The new section 4.0 adds regulations that: (1) 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; (2) add definitions and terms for new product categories; (3) 
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; (4) 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; (5) provide for an 
alternative add-on control system requirement of at least 85 percent 
overall control efficiency (capture and destruction), by weight; (6) 
specify requirements for proper storage and disposal, work practices, 
surface preparation, and cleanup solvent composition; and (7) specify 
exemptions, as well as registration and product labeling requirements, 
recordkeeping requirements, and test methods and compliance procedures. 
These SIP revisions meet the requirement to adopt a RACT for the 
miscellaneous industrial adhesives CTG category. Other specific 
requirements and the rationale for EPA's proposed action are explained 
in the Technical Support Document (TSD) prepared for the September 23, 
2011 proposed rulemaking action which is available on-line at 
www.regulations.gov, Docket number EPA-R03-OAR-2011-0721. No public 
comments were received on the NPR.

III. Final Action

    EPA is approving the Delaware SIP revision that adds section 4.0--
Adhesives and Sealants to Regulation 1141--Limiting Emissions of 
Volatile Organic Compounds from Consumer and Commercial Products.

IV. Statutory and Executive Order Reviews

A. General Requirements

    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 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 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 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.

B. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement

[[Page 79539]]

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).

C. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by February 21, 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 approving Delaware's control of VOCs from adhesives 
and sealants 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, Incorporation by 
reference, Ozone, Reporting and recordkeeping requirements, Volatile 
organic compounds.

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

    Dated: December 8, 2011.
W.C. Early,
Acting Regional Administrator, Region III.
    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 I--Delaware

0
2. In Sec.  52.420, the table in paragraph (c) is amended by adding an 
entry for Regulation 1141, Section 4.0 to read as follows:


Sec.  52.420  Identification of plan.

* * * * *
    (c) * * *

                                  EPA-Approved Regulations in the Delaware SIP
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                                                            State
 State regulation (7 DNREC 1100)       Title/subject      effective     EPA approval date        Additional
                                                             date                                explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
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1141.............................  Limiting Emissions of Volatile Organic Compounds from Consumer and Commercial
                                    Products
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Section 4.0......................  Adhesives & Sealants      4/11/09  12/22/11 [Insert      Addition of VOC
                                                                       page number where     limits for adhesive
                                                                       the document          and sealant
                                                                       begins].              products, including
                                                                                             25 adhesives, 4
                                                                                             adhesive primers, 5
                                                                                             sealants, and 3
                                                                                             sealant primers.
 
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[FR Doc. 2011-32646 Filed 12-21-11; 8:45 am]
BILLING CODE 6560-50-P