[Federal Register Volume 77, Number 22 (Thursday, February 2, 2012)]
[Proposed Rules]
[Pages 5207-5209]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-2333]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2011-0998; FRL-9625-9]


Approval and Promulgation of Air Quality Implementation Plans; 
Delaware; Amendments to the Handling, Storage, and Disposal of Volatile 
Organic Compounds Emissions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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[[Page 5208]]

SUMMARY: EPA is proposing to approve a State Implementation Plan (SIP) 
revision submitted by the State of Delaware. This SIP revision amends 
the control of volatile organic compound (VOC) emissions from 
industrial cleaning solvents facilities, automobile and light-duty 
truck coating operations, paper, film, foil coating units, flat wood 
paneling products, and flexible packaging printing presses. This action 
is being taken under the Clean Air Act (CAA).

DATES: Written comments must be received on or before March 5, 2012.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2011-0998 by one of the following methods:
    A. www.regulations.gov. Follow the on-line instructions for 
submitting comments.
    B. Email: [email protected].
    C. Mail: EPA-R03-OAR-2011-0998, 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 No. EPA-R03-OAR-
2011-0998. EPA's policy is that all comments received will be included 
in the public docket without change, and may be made available online 
at 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 www.regulations.gov or email. The 
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 email comment 
directly to EPA without going through www.regulations.gov, your email 
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 
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 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 
email at [email protected].

SUPPLEMENTARY INFORMATION: On June 20, 2011, EPA received a revision to 
the Delaware SIP submitted by the Delaware Department of Natural 
Resources and Environmental Control (DNREC). The SIP revision updates 
regulations in 7 DE Admin. Code 1124--Control of Volatile Organic 
Compound Emissions to implement reasonably available control technology 
(RACT) controls on emission sources covered by EPA's control techniques 
guidelines (CTG).

I. Background

    Section 182(b)(2) of the CAA requires all ozone nonattainment 
areas, including Delaware, to update relevant regulations for RACT 
controls for emission sources covered by EPA's CTG and to submit the 
regulations to EPA as SIP revisions. The SIP revision amends section 
8.0, ``Handling, Storage, and Disposal of Volatile Organic Compounds,'' 
section 13.0, ``Automobile and Light-Duty Truck Coating Operations,'' 
section 16.0, ``Paper Coating,'' section 23.0, ``Coating of Flat Wood 
Paneling,'' section 37.0, ``Graphic Art Systems,'' and section 45.0, 
``Industrial Cleaning Solvents,'' to reflect technology developments 
and expand VOC emission controls.
    Sections 8.0, 13.0, 16.0, 23.0, 37.0, and 45.0 of 7 DE Admin. Code 
1124 were originally developed in the 1990's based on EPA's CTGs. From 
September 2006 to September 2008, EPA updated relevant CTGs affecting 
these sections to reflect technology developments and expand VOC 
emission controls. As a result, DNREC revised these to reflect the new 
requirements in EPA's CTGs into existing Delaware Regulation 1124.

II. Summary of SIP Revision

    DNREC's SIP revision to section 8.0 establishes a (1) new VOC 
content limit applicable for cleaning solvents used in facilities 
regulated under Regulation 1124; (2) adds definitions and terms; (3) 
establishes exemptions; (4) updates existing work practice standards; 
(5) establishes control requirements; and (6) establishes test methods, 
procedures and recordkeeping requirements based on EPA CTGs.
    Amendments to section 13.0 establish (1) applicability for specific 
automobile and light-duty truck coating operations; (2) specify a 
transition period for existing permitted sources for every owner or 
operator of any automobile or light-duty truck assembly plant; (3) add 
and update definitions and terms; (4) update daily-weighted average 
limitation and control devices; (5) update compliance procedures; (6) 
and update test methods, procedures and recordkeeping requirements.
    The SIP revision amends section 16.0 to (1) add ``Film, and Foil,'' 
now entitled ``Paper, Film, and Foil Coating; (2) establish 
applicability to any paper, film, or foil coating unit; (3) add 
exemptions for any coating unit in-line with any offset lithographic, 
screen, letterpress, flexographic, rotogravure, or digital printing 
operations; (4) add a transition period for existing permitted sources 
for every owner or operator of any paper coating unit; (5) add and 
update definitions and terms; (6) set VOC content limit standards; (7) 
update daily-weighted average limitation and control devices; (8) and 
update recordkeeping and reporting requirements.
    DNREC's SIP revision to section 23.0 adds (1) tileboard panels and 
exterior sidings to the flat wood paneling product category and 
establishes VOC emission limits; (2) establishes more stringent 
emission limits to previously existing flat wood paneling products: 
Printed interior panels, natural finish panels, and Class II finish 
panels; (3) sets requirements that no owner or operator of a flat wood 
paneling coating line subject to the regulation for flat wood paneling 
coating shall allow VOC emissions in excess of the emission limits in 
Table 1 below; (4) deletes a regulation that did not require Class I

[[Page 5209]]

hardboard paneling finishes, particle board used in furniture, 
insulation board, exterior siding, tileboard, and softwood plywood 
coating lines to apply to flat wood paneling coating standards; (5) 
adds work practice standards; (6) updates control devices; and (7) 
updates test methods and efficiency of control systems, and 
recordkeeping and reporting requirements.

      Table 1--VOC Emission Limits From Flat Wood Paneling Coatings
------------------------------------------------------------------------
                                                VOC content limits in
                                                  coatings, inks, or
                                               adhesives being applied
    Flat wood paneling product category     ----------------------------
                                               pounds/
                                             gallon (lb/  grams/liter (g/
                                                 gal)           L)
------------------------------------------------------------------------
Printed interior panels made of hardwood,           *2.1             250
 plywood, or thin particleboard............
Natural finish hardwood plywood panels.....          2.1             250
Class II finishes on hardboard panels......          2.1             250
Tileboard..................................          2.1             250
Exterior siding............................          2.1             250
------------------------------------------------------------------------
* This limit of 2.1 lb/gal is equivalent to 5.0 lb VOC per 1,000 square
  feet coating area.

    Amendments to section 37.0 establish (1) provisions for flexible 
packaging printing presses; (2) add a transition period for existing 
permitted sources for every owner or operator of any flexible package 
printing facility; (3) add definitions and terms; (4) establish 
efficiency requirements for control systems to be installed on the 
flexible packaging printing presses; and (5) update recordkeeping and 
reporting requirements.
    The SIP revision amends section 45.0 to update the applicability 
for the industrial use of organic cleaning solvents and clarify that 
the requirements of section 45.0 are triggered based on a limit of VOC 
emissions rather than cleaning solvent used. A detailed summary of 
EPA's review 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 www.regulations.gov, Docket number EPA-
R03-OAR-2011-0998.

III. Proposed Action

    EPA is proposing to approve the Delaware SIP revision for the 
control of VOC emissions from industrial cleaning solvents facilities, 
automobile and light-duty truck coating operations, paper, film, foil 
coating units, flat wood paneling products, and flexible packaging 
printing presses. (7 DE Admin Code 1124, sections 8.0, 13.0, 16.0, 
23.0, 37.0, and 45.0) submitted on June 20, 2011. 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 
Regulation 7 DE Admin. Code 1124--Control of Volatile Organic Compound 
Emissions, 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: January 17, 2012.
W.C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2012-2333 Filed 2-1-12; 8:45 am]
BILLING CODE 6560-50-P