81_FR_3003 81 FR 2991 - Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Allegheny County's Adoption of Control Techniques Guidelines for Four Industry Categories for Control of Volatile Organic Compound Emissions

81 FR 2991 - Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Allegheny County's Adoption of Control Techniques Guidelines for Four Industry Categories for Control of Volatile Organic Compound Emissions

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 12 (January 20, 2016)

Page Range2991-2993
FR Document2016-00656

The Environmental Protection Agency (EPA) is converting a conditional approval of a state implementation plan (SIP) revision submitted by the Commonwealth of Pennsylvania on behalf of the Allegheny County Health Department (ACHD) to a full approval. This SIP revision includes amendments to the ACHD Rules and Regulations, Article XXI, Air Pollution Control, and meets the requirement to adopt reasonably available control technology (RACT) for sources covered by EPA's control techniques guidelines (CTG) for the following categories: miscellaneous metal and/or plastic parts surface coating processes; automobile and light-duty truck assembly coatings; miscellaneous industrial adhesives; and fiberglass boat manufacturing materials. Upon review of the submittal, EPA found that the average monomer volatile organic compound (VOC) content limits were referenced but not included in the regulation for fiberglass boat manufacturing materials. ACHD has revised the regulation and submitted the table of VOC content limits for fiberglass boat manufacturing materials to EPA in order to address specific RACT requirements for Allegheny County. Therefore, EPA is converting the conditional approval of the revisions to the Pennsylvania SIP to a full approval in accordance with the requirements of the Clean Air Act (CAA).

Federal Register, Volume 81 Issue 12 (Wednesday, January 20, 2016)
[Federal Register Volume 81, Number 12 (Wednesday, January 20, 2016)]
[Rules and Regulations]
[Pages 2991-2993]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-00656]


=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2014-0475; FRL-9941-36-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; Allegheny County's Adoption of Control Techniques 
Guidelines for Four Industry Categories for Control of Volatile Organic 
Compound Emissions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is converting a 
conditional approval of a state implementation plan (SIP) revision 
submitted by the Commonwealth of Pennsylvania on behalf of the 
Allegheny County Health Department (ACHD) to a full approval. This SIP 
revision includes amendments to the ACHD Rules and Regulations, Article 
XXI, Air Pollution Control, and meets the requirement to adopt 
reasonably available control technology (RACT) for sources covered by 
EPA's control techniques guidelines (CTG) for the following categories: 
miscellaneous metal and/or plastic parts surface coating processes; 
automobile and light-duty truck assembly coatings; miscellaneous 
industrial adhesives; and fiberglass boat manufacturing materials. Upon 
review of the submittal, EPA found that the average monomer volatile 
organic compound (VOC) content limits were referenced but not included 
in the regulation for fiberglass boat manufacturing materials. ACHD has 
revised the regulation and submitted the table of VOC content limits 
for fiberglass boat manufacturing materials to EPA in order to address 
specific RACT requirements for Allegheny County. Therefore, EPA is 
converting the conditional approval of the revisions to the 
Pennsylvania SIP to a full approval in accordance with the requirements 
of the Clean Air Act (CAA).

DATES: This final rule is effective on February 19, 2016.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2014-0475. 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 through www.regulations.gov or may be viewed 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 
Allegheny County Health Department, Bureau of Environmental Quality, 
Division of Air Quality, 301 39th Street, Pittsburgh, Pennsylvania 
15201 and at the Pennsylvania Department of Environmental Protection, 
Bureau of Air Quality Control, P.O. Box 8468, 400 Market Street, 
Harrisburg, Pennsylvania 17105.

FOR FURTHER INFORMATION CONTACT: Irene Shandruk, (215) 814-2166, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    Section 172(c)(1) of the CAA provides that SIPs for nonattainment 
areas must include reasonably available control measures (RACM), 
including RACT, for sources of emissions. Section 182(b)(2)(A) provides 
that for certain nonattainment areas, states must revise their SIP to 
include RACT for sources of VOC emissions covered by a CTG document 
issued after November 15, 1990 and prior to the area's date of 
attainment. In 2008, EPA developed new CTGs for miscellaneous metal and 
plastic parts coatings, automobile and light-duty assembly coatings, 
miscellaneous industrial adhesives, and fiberglass boat manufacturing 
materials.

II. Summary of SIP Revision

    On November 15, 2013, the Pennsylvania Department of Environmental 
Protection (PADEP) submitted to EPA on behalf of ACHD a SIP revision 
concerning the adoption of the EPA CTGs for miscellaneous metal and/or 
plastic parts surface coating processes, automobile and light-duty 
truck assembly coatings, miscellaneous industrial adhesives, and 
fiberglass boat manufacturing materials in Allegheny County. These ACHD 
regulations, with a state effective date of June 8, 2013, are contained 
in the ACHD Rules and Regulations, Article XXI, Air Pollution Control 
sections 2105.83 (Control of VOC Emissions from Miscellaneous Metal 
and/or Plastic Parts Surface Coating Processes), 2105.84 (Control of 
VOC Emissions from Automobile and Light-Duty Truck Assembly Coatings), 
2105.85 (Control of VOC Emissions from Miscellaneous Industrial 
Adhesives),

[[Page 2992]]

and 2105.86 (Control of VOC Emissions from Fiberglass Boat 
Manufacturing Materials) in order to establish: (1) Applicability for 
miscellaneous metal and/or plastic parts surface coating processes, 
automobile and light-duty truck assembly coatings, miscellaneous 
industrial adhesives, and fiberglass boat manufacturing materials; (2) 
exemptions; (3) record-keeping and work practice requirements; and (4) 
emission limitations. Upon review of the November 15, 2013 submittal, 
EPA found that the table of average monomer VOC content limits for 
fiberglass boat manufacturing materials was referenced; however, the 
table was erroneously not included in the regulation. Pursuant to 
section 110(k)(4) of the CAA, PADEP submitted on behalf of ACHD a 
letter dated July 16, 2014 committing to submit a SIP revision to EPA 
addressing this error.
    On March 26, 2013 (78 FR 18241), EPA conditionally approved the SIP 
revision concerning the adoption of these CTGs. On September 9, 2015, 
PADEP submitted to EPA on behalf of ACHD a supplemental SIP revision 
containing the regulation with the missing table of average monomer VOC 
content limits, and thereby addressed its July 16, 2014 commitment. On 
November 10, 2015, EPA published a notice of proposed rulemaking 
converting the conditional approval to a full approval. 80 FR 69627. 
Other specific requirements and the rationale for EPA's proposed 
rulemaking action are explained in the NPR and will not be restated 
here. No public comments were received on the NPR.

III. Final Action

    In this rulemaking action, EPA is converting to a full approval the 
conditional approval of the Commonwealth of Pennsylvania SIP revision 
submitted on November 15, 2013, as supplemented with the September 9, 
2015 SIP submittal, which consists of amendments to the ACHD Rules and 
Regulations, Article XXI, Air Pollution Control for adopting RACT for 
sources covered by EPA's CTG standards for the following categories; 
miscellaneous metal and/or plastic parts surface coating processes, 
automobile and light-duty truck assembly coatings, miscellaneous 
industrial adhesives, and fiberglass boat manufacturing materials. 
Pursuant to section 110(k)(4) of the CAA, the conditional approval was 
based upon a letter from PADEP on behalf of ACHD dated July 16, 2014 
committing to submit to EPA an additional SIP revision to address the 
deficiency in the regulation for fiberglass boat manufacturing 
materials. On September 9, 2015, PADEP on behalf of ACHD, submitted a 
supplemental SIP revision containing the table of monomer VOC content 
limits for fiberglass boat manufacturing materials. EPA has determined 
that ACHD has satisfied this condition. Therefore, EPA is removing the 
conditional nature of its approval and replacing it with a full 
approval of Allegheny County's adoption of CTGs for miscellaneous metal 
and/or plastic parts surface coating processes, automobile and light-
duty truck assembly coatings, miscellaneous industrial adhesives, and 
fiberglass boat manufacturing materials.

IV. Incorporation by Reference

    In this rulemaking, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, EPA is finalizing the incorporation by reference the ACHD 
regulations regarding control of VOC emissions discussed in section II 
of this preamble. EPA has made, and will continue to make, these 
documents generally available through www.regulations.gov and/or may be 
viewed at the EPA Region III office (see the ADDRESSES section of this 
preamble for more information).

V. 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 conditionally 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 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 March 21, 2016. 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

[[Page 2993]]

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 pertaining to ACHD's adoption of CTG standards for 
miscellaneous metal and/or plastic parts surface coating processes, 
automobile and light-duty truck assembly coatings, miscellaneous 
industrial adhesives, and fiberglass boat manufacturing materials 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: December 30, 2015.
Shawn M. Garvin,
Regional Administrator, Region III.
    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart NN--Pennsylvania

0
2. In Sec.  52.2020, the table in paragraph (c)(2) is amended by 
revising the entries for ``2105.83,'' ``2105.84,'' ``2105.85,'' and 
``2105.86'' under part E, subpart 7. The revisions read as follows:


Sec.  52.2020  Identification of plan.

* * * * *
    (c) * * *
    (2) * * *

----------------------------------------------------------------------------------------------------------------
                                                                                                  Additional
    Article XX or XXI citation        Title/subject          State       EPA approval date     explanation/Sec.
                                                        effective date                         52.2063 citation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
                                 Part E--Source Emission and Operating Standards
 
                                                  * * * * * * *
                                      Subpart 7--Miscellaneous VOC Sources
 
                                                  * * * * * * *
2105.83..........................  Control of VOC               6/8/13  1/20/16 [Insert      New regulation.
                                    Emissions from                       Federal Register
                                    Miscellaneous                        Citation].
                                    Metal and/or
                                    Plastic Parts
                                    Surface Coating
                                    Processes.
2105.84..........................  Control of VOC               6/8/13  1/20/16  [Insert     New regulation.
                                    Emissions from                       Federal Register
                                    Automobile and                       Citation].
                                    Light-Duty Truck
                                    Assembly Coatings.
2105.85..........................  Control of VOC               6/8/13  1/20/16  [Insert     New regulation.
                                    Emissions from                       Federal Register
                                    Miscellaneous                        Citation].
                                    Industrial
                                    Adhesives.
2105.86..........................  Control of VOC              6/19/15  1/20/16  [Insert     New regulation.
                                    Emissions from                       Federal Register
                                    Fiberglass Boat                      Citation].
                                    Manufacturing
                                    Materials.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *


Sec.  52.2023  [Amended]

0
3. Section 52.2023 is amended by removing paragraph (m).

[FR Doc. 2016-00656 Filed 1-19-16; 8:45 am]
 BILLING CODE 6560-50-P



                                                              Federal Register / Vol. 81, No. 12 / Wednesday, January 20, 2016 / Rules and Regulations                                          2991

                                             ■ 2. Add § 165.T08–1121 to read as                      ENVIRONMENTAL PROTECTION                               the Internet and will be publicly
                                             follows:                                                AGENCY                                                 available only in hard copy form.
                                                                                                                                                            Publicly available docket materials are
                                             § 165.T08–1121 Safety Zone; Upper                       40 CFR Part 52                                         available through www.regulations.gov
                                             Mississippi River between miles 109.9 and                                                                      or may be viewed during normal
                                             185.5; and Illinois River between miles 0               [EPA–R03–OAR–2014–0475; FRL–9941–36–
                                                                                                     Region 3]                                              business hours at the Air Protection
                                             and 128.9; MO and IL.
                                                                                                                                                            Division, U.S. Environmental Protection
                                               (a) Location. The following areas are                 Approval and Promulgation of Air                       Agency, Region III, 1650 Arch Street,
                                             safety zones:                                           Quality Implementation Plans;                          Philadelphia, Pennsylvania 19103.
                                                                                                     Pennsylvania; Allegheny County’s                       Copies of the state submittal are
                                               (1) All waters of the Upper
                                                                                                     Adoption of Control Techniques                         available at the Allegheny County
                                             Mississippi River between miles 109.9
                                                                                                     Guidelines for Four Industry                           Health Department, Bureau of
                                             and 185.5, extending the entire width of                Categories for Control of Volatile                     Environmental Quality, Division of Air
                                             the river; and                                          Organic Compound Emissions                             Quality, 301 39th Street, Pittsburgh,
                                               (2) All waters of the Illinois River                                                                         Pennsylvania 15201 and at the
                                                                                                     AGENCY:  Environmental Protection
                                             between miles 0 and 128.9, extending                                                                           Pennsylvania Department of
                                                                                                     Agency (EPA).
                                             the entire width of the river.                                                                                 Environmental Protection, Bureau of Air
                                                                                                     ACTION: Final rule.
                                               (b) Definitions. Designated                                                                                  Quality Control, P.O. Box 8468, 400
                                             representative means a Coast Guard                      SUMMARY:   The Environmental Protection                Market Street, Harrisburg, Pennsylvania
                                             Patrol Commander, including a Coast                     Agency (EPA) is converting a                           17105.
                                             Guard coxswain, petty officer, or other                 conditional approval of a state                        FOR FURTHER INFORMATION CONTACT:
                                             officers operating a Coast Guard vessel                 implementation plan (SIP) revision                     Irene Shandruk, (215) 814–2166, or by
                                             and a Federal, State, and local officer                 submitted by the Commonwealth of                       email at shandruk.irene@epa.gov.
                                             designated by or assisting the Captain of               Pennsylvania on behalf of the Allegheny                SUPPLEMENTARY INFORMATION:
                                             the Port (COTP) Upper Mississippi                       County Health Department (ACHD) to a
                                                                                                     full approval. This SIP revision includes              I. Background
                                             River in the enforcement of the safety
                                                                                                     amendments to the ACHD Rules and                          Section 172(c)(1) of the CAA provides
                                             zones.
                                                                                                     Regulations, Article XXI, Air Pollution                that SIPs for nonattainment areas must
                                               (c) Regulations. (1) Under the general                Control, and meets the requirement to                  include reasonably available control
                                             safety zone regulations in subpart C of                 adopt reasonably available control                     measures (RACM), including RACT, for
                                             this part, you may not enter the safety                 technology (RACT) for sources covered                  sources of emissions. Section
                                             zones described in paragraph (a) of this                by EPA’s control techniques guidelines                 182(b)(2)(A) provides that for certain
                                             section unless authorized by the COTP                   (CTG) for the following categories:                    nonattainment areas, states must revise
                                             or the COTP’s designated representative.                miscellaneous metal and/or plastic parts               their SIP to include RACT for sources of
                                                                                                     surface coating processes; automobile                  VOC emissions covered by a CTG
                                                (2) To seek permission to enter,
                                                                                                     and light-duty truck assembly coatings;                document issued after November 15,
                                             contact the COTP or the COTP’s
                                                                                                     miscellaneous industrial adhesives; and                1990 and prior to the area’s date of
                                             representative via VHF–FM channel 16,                   fiberglass boat manufacturing materials.
                                             or through Coast Guard Sector Upper                                                                            attainment. In 2008, EPA developed
                                                                                                     Upon review of the submittal, EPA                      new CTGs for miscellaneous metal and
                                             Mississippi River at 314–269–2332.                      found that the average monomer volatile
                                             Those in the safety zones must comply                                                                          plastic parts coatings, automobile and
                                                                                                     organic compound (VOC) content limits                  light-duty assembly coatings,
                                             with all lawful orders or directions                    were referenced but not included in the
                                             given to them by the COTP or the                                                                               miscellaneous industrial adhesives, and
                                                                                                     regulation for fiberglass boat                         fiberglass boat manufacturing materials.
                                             COTP’s designated representative.                       manufacturing materials. ACHD has
                                                (d) Enforcement periods. This rule is                revised the regulation and submitted the               II. Summary of SIP Revision
                                             effective from 3:00 p.m. on December                    table of VOC content limits for fiberglass                On November 15, 2013, the
                                             28, 2015 through 11:59 p.m. on January                  boat manufacturing materials to EPA in                 Pennsylvania Department of
                                             22, 2016, or until waters recede and                    order to address specific RACT                         Environmental Protection (PADEP)
                                             conditions allow for safe navigation,                   requirements for Allegheny County.                     submitted to EPA on behalf of ACHD a
                                             whichever occurs first.                                 Therefore, EPA is converting the                       SIP revision concerning the adoption of
                                                                                                     conditional approval of the revisions to               the EPA CTGs for miscellaneous metal
                                                (e) Informational broadcasts. The                    the Pennsylvania SIP to a full approval                and/or plastic parts surface coating
                                             COTP or a designated representative                     in accordance with the requirements of                 processes, automobile and light-duty
                                             will inform the public through                          the Clean Air Act (CAA).                               truck assembly coatings, miscellaneous
                                             broadcasts notice to mariners of the                    DATES: This final rule is effective on                 industrial adhesives, and fiberglass boat
                                             enforcement period for the emergency                    February 19, 2016.                                     manufacturing materials in Allegheny
                                             safety zones as well as any changes in                  ADDRESSES: EPA has established a                       County. These ACHD regulations, with
                                             the dates and times of enforcement.                     docket for this action under Docket ID                 a state effective date of June 8, 2013, are
                                               Dated: December 28, 2015.                             Number EPA–R03–OAR–2014–0475. All                      contained in the ACHD Rules and
                                             R.S. Rhodes,                                            documents in the docket are listed in                  Regulations, Article XXI, Air Pollution
                                             Commander, U.S. Coast Guard, Alternate
                                                                                                     the www.regulations.gov Web site.                      Control sections 2105.83 (Control of
                                                                                                     Although listed in the electronic docket,              VOC Emissions from Miscellaneous
rmajette on DSK2TPTVN1PROD with RULES




                                             Captain of the Port Upper Mississippi River.
                                             [FR Doc. 2016–01017 Filed 1–19–16; 8:45 am]
                                                                                                     some information is not publicly                       Metal and/or Plastic Parts Surface
                                                                                                     available, i.e., confidential business                 Coating Processes), 2105.84 (Control of
                                             BILLING CODE 9110–04–P
                                                                                                     information (CBI) or other information                 VOC Emissions from Automobile and
                                                                                                     whose disclosure is restricted by statute.             Light-Duty Truck Assembly Coatings),
                                                                                                     Certain other material, such as                        2105.85 (Control of VOC Emissions from
                                                                                                     copyrighted material, is not placed on                 Miscellaneous Industrial Adhesives),


                                        VerDate Sep<11>2014   15:15 Jan 19, 2016   Jkt 238001   PO 00000   Frm 00025   Fmt 4700   Sfmt 4700   E:\FR\FM\20JAR1.SGM   20JAR1


                                             2992             Federal Register / Vol. 81, No. 12 / Wednesday, January 20, 2016 / Rules and Regulations

                                             and 2105.86 (Control of VOC Emissions                   On September 9, 2015, PADEP on behalf                  in the Unfunded Mandates Reform Act
                                             from Fiberglass Boat Manufacturing                      of ACHD, submitted a supplemental SIP                  of 1995 (Pub. L. 104–4);
                                             Materials) in order to establish: (1)                   revision containing the table of                          • Does not have Federalism
                                             Applicability for miscellaneous metal                   monomer VOC content limits for                         implications as specified in Executive
                                             and/or plastic parts surface coating                    fiberglass boat manufacturing materials.               Order 13132 (64 FR 43255, August 10,
                                             processes, automobile and light-duty                    EPA has determined that ACHD has                       1999);
                                             truck assembly coatings, miscellaneous                  satisfied this condition. Therefore, EPA                  • Is not an economically significant
                                             industrial adhesives, and fiberglass boat               is removing the conditional nature of its              regulatory action based on health or
                                             manufacturing materials; (2)                            approval and replacing it with a full                  safety risks subject to Executive Order
                                             exemptions; (3) record-keeping and                      approval of Allegheny County’s                         13045 (62 FR 19885, April 23, 1997);
                                             work practice requirements; and (4)                     adoption of CTGs for miscellaneous                        • Is not a significant regulatory action
                                             emission limitations. Upon review of                    metal and/or plastic parts surface                     subject to Executive Order 13211 (66 FR
                                             the November 15, 2013 submittal, EPA                    coating processes, automobile and light-               28355, May 22, 2001);
                                             found that the table of average monomer                 duty truck assembly coatings,                             • is not subject to requirements of
                                             VOC content limits for fiberglass boat                  miscellaneous industrial adhesives, and                Section 12(d) of the National
                                             manufacturing materials was referenced;                 fiberglass boat manufacturing materials.               Technology Transfer and Advancement
                                             however, the table was erroneously not                                                                         Act of 1995 (15 U.S.C. 272 note) because
                                             included in the regulation. Pursuant to                 IV. Incorporation by Reference                         application of those requirements would
                                             section 110(k)(4) of the CAA, PADEP                       In this rulemaking, EPA is finalizing                be inconsistent with the CAA; and
                                             submitted on behalf of ACHD a letter                    regulatory text that includes                             • Does not provide EPA with the
                                             dated July 16, 2014 committing to                       incorporation by reference. In                         discretionary authority to address, as
                                             submit a SIP revision to EPA addressing                 accordance with requirements of 1 CFR                  appropriate, disproportionate human
                                             this error.                                             51.5, EPA is finalizing the incorporation              health or environmental effects, using
                                                On March 26, 2013 (78 FR 18241),                     by reference the ACHD regulations                      practicable and legally permissible
                                             EPA conditionally approved the SIP                      regarding control of VOC emissions                     methods, under Executive Order 12898
                                             revision concerning the adoption of                     discussed in section II of this preamble.              (59 FR 7629, February 16, 1994).
                                             these CTGs. On September 9, 2015,                       EPA has made, and will continue to                        In addition, this rule does not have
                                             PADEP submitted to EPA on behalf of                     make, these documents generally                        tribal implications as specified by
                                             ACHD a supplemental SIP revision                        available through www.regulations.gov                  Executive Order 13175 (65 FR 67249,
                                             containing the regulation with the                      and/or may be viewed at the EPA                        November 9, 2000), because the SIP is
                                             missing table of average monomer VOC                    Region III office (see the ADDRESSES                   not approved to apply in Indian country
                                             content limits, and thereby addressed its               section of this preamble for more                      located in the state, and EPA notes that
                                             July 16, 2014 commitment. On                            information).                                          it will not impose substantial direct
                                             November 10, 2015, EPA published a                                                                             costs on tribal governments or preempt
                                             notice of proposed rulemaking                           V. Statutory and Executive Order                       tribal law.
                                             converting the conditional approval to a                Reviews
                                                                                                                                                            B. Submission to Congress and the
                                             full approval. 80 FR 69627. Other                       A. General Requirements                                Comptroller General
                                             specific requirements and the rationale
                                             for EPA’s proposed rulemaking action                       Under the CAA, the Administrator is                    The Congressional Review Act, 5
                                             are explained in the NPR and will not                   required to approve a SIP submission                   U.S.C. 801 et seq., as added by the Small
                                             be restated here. No public comments                    that complies with the provisions of the               Business Regulatory Enforcement
                                             were received on the NPR.                               CAA and applicable federal regulations.                Fairness Act of 1996, generally provides
                                                                                                     42 U.S.C. 7410(k); 40 CFR 52.02(a).                    that before a rule may take effect, the
                                             III. Final Action                                       Thus, in reviewing SIP submissions,                    agency promulgating the rule must
                                                In this rulemaking action, EPA is                    EPA’s role is to approve state choices,                submit a rule report, which includes a
                                             converting to a full approval the                       provided that they meet the criteria of                copy of the rule, to each House of the
                                             conditional approval of the                             the CAA. Accordingly, this action                      Congress and to the Comptroller General
                                             Commonwealth of Pennsylvania SIP                        merely conditionally approves state law                of the United States. EPA will submit a
                                             revision submitted on November 15,                      as meeting federal requirements and                    report containing this action and other
                                             2013, as supplemented with the                          does not impose additional                             required information to the U.S. Senate,
                                             September 9, 2015 SIP submittal, which                  requirements beyond those imposed by                   the U.S. House of Representatives, and
                                             consists of amendments to the ACHD                      state law. For that reason, this action:               the Comptroller General of the United
                                             Rules and Regulations, Article XXI, Air                    • Is not a ‘‘significant regulatory                 States prior to publication of the rule in
                                             Pollution Control for adopting RACT for                 action’’ subject to review by the Office               the Federal Register. A major rule
                                             sources covered by EPA’s CTG                            of Management and Budget under                         cannot take effect until 60 days after it
                                             standards for the following categories;                 Executive Order 12866 (58 FR 51735,                    is published in the Federal Register.
                                             miscellaneous metal and/or plastic parts                October 4, 1993);                                      This action is not a ‘‘major rule’’ as
                                             surface coating processes, automobile                      • Does not impose an information                    defined by 5 U.S.C. 804(2).
                                             and light-duty truck assembly coatings,                 collection burden under the provisions
                                             miscellaneous industrial adhesives, and                 of the Paperwork Reduction Act (44                     C. Petitions for Judicial Review
                                             fiberglass boat manufacturing materials.                U.S.C. 3501 et seq.);                                     Under section 307(b)(1) of the CAA,
                                             Pursuant to section 110(k)(4) of the                       • Is certified as not having a                      petitions for judicial review of this
                                             CAA, the conditional approval was                       significant economic impact on a                       action must be filed in the United States
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                                             based upon a letter from PADEP on                       substantial number of small entities                   Court of Appeals for the appropriate
                                             behalf of ACHD dated July 16, 2014                      under the Regulatory Flexibility Act (5                circuit by March 21, 2016. Filing a
                                             committing to submit to EPA an                          U.S.C. 601 et seq.);                                   petition for reconsideration by the
                                             additional SIP revision to address the                     • Does not contain any unfunded                     Administrator of this final rule does not
                                             deficiency in the regulation for                        mandate or significantly or uniquely                   affect the finality of this action for the
                                             fiberglass boat manufacturing materials.                affect small governments, as described                 purposes of judicial review nor does it


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                                                                 Federal Register / Vol. 81, No. 12 / Wednesday, January 20, 2016 / Rules and Regulations                                                        2993

                                             extend the time within which a petition                    List of Subjects in 40 CFR Part 52                               Authority: 42 U.S.C. 7401 et seq.
                                             for judicial review may be filed, and                        Environmental protection, Air
                                             shall not postpone the effectiveness of                                                                                 Subpart NN—Pennsylvania
                                                                                                        pollution control, Incorporation by
                                             such rule or action.                                       reference, Ozone, Reporting and
                                                                                                        recordkeeping requirements, Volatile                         ■ 2. In § 52.2020, the table in paragraph
                                                This action pertaining to ACHD’s
                                                                                                        organic compounds.                                           (c)(2) is amended by revising the entries
                                             adoption of CTG standards for
                                                                                                                                                                     for ‘‘2105.83,’’ ‘‘2105.84,’’ ‘‘2105.85,’’
                                             miscellaneous metal and/or plastic parts                     Dated: December 30, 2015.
                                                                                                                                                                     and ‘‘2105.86’’ under part E, subpart 7.
                                             surface coating processes, automobile                      Shawn M. Garvin,
                                                                                                                                                                     The revisions read as follows:
                                             and light-duty truck assembly coatings,                    Regional Administrator, Region III.
                                             miscellaneous industrial adhesives, and                        40 CFR part 52 is amended as follows:                    § 52.2020    Identification of plan.
                                             fiberglass boat manufacturing materials                                                                                 *       *    *       *       *
                                             may not be challenged later in                             PART 52—APPROVAL AND
                                             proceedings to enforce its requirements.                   PROMULGATION OF                                                  (c) * * *
                                             (See section 307(b)(2)).                                   IMPLEMENTATION PLANS                                             (2) * * *
                                                                                                        ■ 1. The authority citation for part 52
                                                                                                        continues to read as follows:

                                                 Article XX or                                                                     State effective                                            Additional explanation/
                                                                                           Title/subject                                                       EPA approval date
                                                 XXI citation                                                                           date                                                    § 52.2063 citation


                                                         *                        *                       *               *                 *                                         *                      *
                                                                                                    Part E—Source Emission and Operating Standards

                                                         *                        *                         *                 *               *                                       *                      *
                                                                                                            Subpart 7—Miscellaneous VOC Sources

                                                      *                         *                    *                                 *                       *                   *                         *
                                             2105.83 ...........    Control of VOC Emissions from Miscellaneous                                   6/8/13   1/20/16 [Insert Federal   New regulation.
                                                                      Metal and/or Plastic Parts Surface Coating Proc-                                       Register Citation].
                                                                      esses.
                                             2105.84 ...........    Control of VOC Emissions from Automobile and                                  6/8/13   1/20/16 [Insert Federal        New regulation.
                                                                      Light-Duty Truck Assembly Coatings.                                                    Register Citation].
                                             2105.85 ...........    Control of VOC Emissions from Miscellaneous In-                               6/8/13   1/20/16 [Insert Federal        New regulation.
                                                                      dustrial Adhesives.                                                                    Register Citation].
                                             2105.86 ...........    Control of VOC Emissions from Fiberglass Boat                               6/19/15    1/20/16 [Insert Federal        New regulation.
                                                                      Manufacturing Materials.                                                               Register Citation].

                                                         *                        *                         *                          *                       *                      *                      *



                                             *       *       *       *      *                           Moderate nonattainment area, including                       ADDRESSES:    The EPA has established
                                                                                                        areas of Indian country within it, as a                      docket number EPA–R09–OAR–2014–
                                             § 52.2023       [Amended]                                  Serious nonattainment area for the 2006                      0636 for this action. Generally,
                                             ■ 3. Section 52.2023 is amended by                         PM2.5 national ambient air quality                           documents in the docket for this action
                                             removing paragraph (m).                                    standards (NAAQS), based on the EPA’s                        are available electronically at http://
                                             [FR Doc. 2016–00656 Filed 1–19–16; 8:45 am]                determination that the area cannot                           www.regulations.gov or in hard copy at
                                             BILLING CODE 6560–50–P                                     practicably attain these NAAQS by the                        EPA Region IX, 75 Hawthorne Street,
                                                                                                        applicable attainment date of December                       San Francisco, California 94105–3901.
                                                                                                        31, 2015. As a consequence of this                           While all documents in the docket are
                                             ENVIRONMENTAL PROTECTION                                   reclassification, California must submit,                    listed at http://www.regulations.gov,
                                             AGENCY                                                     no later than 18 months from the                             some information may be publicly
                                                                                                        effective date of this reclassification, a                   available only at the hard copy location
                                             40 CFR Parts 52 and 81                                     Serious area attainment plan including                       (e.g., copyrighted material, large maps,
                                             [EPA–R09–OAR–2014–0636; FRL–9940–83–                       a demonstration that the plan provides                       multi-volume reports), and some may
                                             Region 9]                                                  for attainment of the 2006 24-hour PM2.5                     not be publicly available in either
                                                                                                        standards in the SJV area as                                 location (e.g., confidential business
                                             Designation of Areas for Air Quality                       expeditiously as practicable and no later                    information (CBI)). To inspect the
                                             Planning Purposes; California; San                         than December 31, 2019. The State must                       docket materials in person, please
                                             Joaquin Valley; Reclassification as                        also submit, no later than 12 months                         schedule an appointment during normal
                                             Serious Nonattainment for the 2006                         after the effective date of this                             business hours with the contact listed in
                                             PM2.5 NAAQS                                                reclassification, nonattainment new                          the FOR FURTHER INFORMATION CONTACT
                                                                                                        source review (NNSR) SIP revisions to
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                                             AGENCY:  U.S. Environmental Protection                                                                                  section.
                                             Agency (EPA).                                              implement the 2006 PM2.5 NAAQS in
                                                                                                        the SJV area, to the extent those                            FOR FURTHER INFORMATION CONTACT:
                                             ACTION: Final rule.
                                                                                                        requirements have not previously been                        Wienke Tax, Air Planning Office (AIR–
                                             SUMMARY:   The Environmental Protection                    met.                                                         2), U.S. Environmental Protection
                                             Agency (EPA) is taking final action to                     DATES: This rule is effective on February                    Agency, Region 9, (415) 947–4192,
                                             reclassify the San Joaquin Valley (SJV)                    19, 2016.                                                    tax.wienke@epa.gov.


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Document Created: 2016-01-19 23:43:55
Document Modified: 2016-01-19 23:43:55
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis final rule is effective on February 19, 2016.
ContactIrene Shandruk, (215) 814-2166, or by email at [email protected]
FR Citation81 FR 2991 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds

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