[Federal Register Volume 77, Number 72 (Friday, April 13, 2012)]
[Rules and Regulations]
[Pages 22224-22226]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-8854]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2011-0998; FRL-9657-1]


Approval and Promulgation of Air Quality Implementation Plans; 
Delaware; Amendments to the Handling, Storage, and Disposal of Volatile 
Organic Compounds Emissions; Automobile and Light-Duty Truck Coating 
Operations; Paper Coating; Coating of Flat Wood Paneling; Graphic Art 
Systems; and Industrial Cleaning Solvents

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision 
submitted by the State of Delaware. This revision amends the control of 
volatile organic compound (VOC) emissions from industrial cleaning 
solvents facilities; automobile and light-duty truck coating 
operations; paper, film, and foil coating units; flat wood paneling 
products; and flexible packaging printing presses. EPA is approving 
this SIP revision to meet the requirements to implement reasonably 
available control technology (RACT) controls on emission sources 
covered by EPA's control techniques guidelines (CTG) in accordance with 
the requirements of the Clean Air Act (CAA).

DATES: Effective Date: This final rule is effective on May 14, 2012.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2011-0998. 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 
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:

I. Background

    On February 2, 2012 (77 FR 5207), EPA published a notice of 
proposed rulemaking (NPR) for the State of Delaware. The NPR proposed 
approval of the Delaware SIP revision that 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. 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 20, 2011.

II. Summary of SIP Revision

    The SIP revision consists of the following: (1) Amendments to 
section 8.0--Handling, Storage, and Disposal of Volatile Organic 
Compounds, in order to add definitions, update the existing work 
practice standards, and add an applicable cleaning solvent VOC content 
limit; (2) amendments to section 13.0--Automobile and Light-Duty Truck 
Coating Operations, in order to establish VOC limits in coating 
materials used in automobile and light-duty truck coating operations; 
(3) amendments to section 16.0--Paper Coating, in order to expand the 
regulated scope and add ``film and foil coating'' to the regulated 
category; (4) amendments to section 23.0--Coating of Flat Wood 
Paneling, in order to add tileboard panels and exterior sidings to the 
flat wood paneling product category and establish VOC emission limits, 
as well as establish more stringent emission limits to previously 
existing flat wood paneling products; (5) amendments to section 37.0--
Graphic Arts Systems, in order to establish provisions for flexible 
packaging printing presses to the regulated category and establish 
efficiency requirements for control systems to be installed on the 
flexible packaging printing presses; and (6) amendments to section 
45.0--Industrial Cleaning Solvents, in order 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. Other 
specific requirements and the rationale for EPA's proposed action are 
explained in the NPR and will not be restated here.

III. Final Action

    EPA is approving the control of VOC emissions from industrial 
cleaning solvents facilities; automobile and light-duty truck coating 
operations; paper, film, and 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) as a revision to 
the Delaware SIP. This SIP revision meets the requirements to implement 
RACT controls on emission sources.

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);

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     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 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 June 12, 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 industrial 
cleaning solvents facilities; automobile and light-duty truck coating 
operations; paper, film, and foil coating units; flat wood paneling 
products; and flexible packaging printing presses 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.

    Dated: March 27, 2012.
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 revising 
the entries for Regulation 1124, sections 8.0, 13.0, 16.0, 23.0, 37.0, 
and 45.0 to read as follows:


Sec.  52.420  Identification of plan.

* * * * *
    (c) * * *

                                  EPA-Approved Regulations in the Delaware SIP
----------------------------------------------------------------------------------------------------------------
   State regulation (7 DNREC                                 State                               Additional
             1100)                   Title/subject      effective date  EPA approval date       explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
1124..........................                   Control of Volatile Organic Compound Emissions
 
                                                  * * * * * * *
Section 8.0...................  Handling, Storage, and         3/11/11  4/13/12 [Insert    .....................
                                 Disposal of Volatile                    page number
                                 Organic Compounds.                      where the
                                                                         document begins].
 
                                                  * * * * * * *
Section 13.0..................  Automobile and Light-          3/11/11  4/13/12 [Insert    .....................
                                 Duty Truck Coating                      page number
                                 Operations.                             where the
                                                                         document begins].
 
                                                  * * * * * * *
Section 16.0..................  Paper Coating.........         3/11/11  4/13/12 [Insert    Amended to add ``film
                                                                         page number        and foil coating''
                                                                         where the          to the regulated
                                                                         document begins].  category.
 
                                                  * * * * * * *
Section 23.0..................  Coating of Flat Wood           3/11/11  4/13/12 [Insert    .....................
                                 Paneling.                               page number
                                                                         where the
                                                                         document begins].
 

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                                                  * * * * * * *
Section 37.0..................  Graphic Art Systems...         3/11/11  4/13/12 [Insert    Amended to add
                                                                         page number        ``flexible packaging
                                                                         where the          printing'' to the
                                                                         document begins].  regulated category.
 
                                                  * * * * * * *
Section 45.0..................  Industrial Cleaning            3/11/11  4/13/12 [Insert    .....................
                                 Solvents.                               page number
                                                                         where the
                                                                         document begins].
 
                                                  * * * * * * *
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[FR Doc. 2012-8854 Filed 4-12-12; 8:45 am]
BILLING CODE 6560-50-P